The Notice to Keeper (NtK) is PoFA-compliant as far as paragraph 9(2)(a–i) is concerned. However, PoFA is only a Keeper-liability transfer mechanism. It does not cure defects in the underlying cause of action.
If signage is inadequate (poor prominence, unreadable terms, no clear parking charge, missing/contradictory entrance and locus signs), then either no contract is formed and/or the PoFA definition of a “parking charge” is not met. In that scenario, there is no recoverable “parking charge”, so Keeper liability is not established notwithstanding procedural compliance.
Crucially: where a breach/“damages” charge is relied upon, PoFA 2(2)–(3) requires that the
sum was
adequately brought to drivers’ attention. If that adequacy requirement is not satisfied, there is no “parking charge” within Schedule 4 and PoFA Keeper liability fails even if ¶9(2)(a–i) is perfectly drafted.
NSGL do not know the driver’s identity unless the Keeper volunteers it. Not naming the driver does not weaken any signage arguments; you can run all contractual/statutory points as Keeper.
Re: PCN [ref], VRM [VRM], Date of event [02/09/2025], Location [business park road]
I am the registered keeper. I dispute this charge and require its cancellation.
1) No breach proven. Your evidence shows an observation only from 19:10:36 to 19:13:00 (≈2 minutes 24 seconds). The Private Parking Single Code of Practice §5.1 requires a minimum five-minute consideration period (longer on complex sites). You have produced no evidence that the vehicle remained beyond that minimum or that any terms were accepted. The burden of proof rests with you.
2) No clear, proximate signage at the locus. A single estate sign at a busy entrance to a very large site is incapable of binding motorists on internal roads. You are put to strict proof with a dated site plan marking all signs and contemporaneous driver-eye photographs showing legible terms including the parking charge on the specific road where the vehicle was observed.
3) Relevant land & keeper liability. If you intend to rely on PoFA Schedule 4, confirm that this road is not highway maintainable at public expense and provide strict proof of “relevant land” status and full Schedule 4 compliance. Otherwise, keeper liability is unavailable.
4) Standing. Provide strict proof of a contemporaneous landowner contract conferring authority to issue charges and litigate in your own name at this location.
If you do not cancel, please issue a POPLA code and provide your full evidence pack.
There is no admission as to the identity of the driver.
Yours faithfully,
[Keeper’s name]
