Free Traffic Legal Advice

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ParkingEye have failed to include the mandatory invitation to keeper to pay the charge required by POFA Schedule 4, para 9(2)(e).

POFA isn’t optional. If any of the statutory elements are missing, the NTK is non‑compliant and keeper liability cannot be created. In this case, the NTK simply does not contain the required invitation to the keeper to pay the charge or to name the driver.

That is a complete POFA failure, not a stylistic one. ParkingEye are therefore limited to pursuing the driver only, and as they do not know who that is, the keeper cannot be held liable.

Whether they discontinue before court is up to them, but the legal position is straightforward: no POFA compliance = no keeper liability.

Don't waste too much energy on an initial appeal, they'll reject it regardless.  Send something like:

I am the registered keeper.

As your notice is not PoFA compliant I will not be accepting any liability for the outstanding parking charges.

The driver is not known to you and I will not be providing any driver details.

You have two options:

Cancel the notice

OR

Provide a POPLA referral code

I am sorry that I am unable to help you further.


You can finish your appeal with "Many thanks" or if you're feeling mischievous "With measured disinterest".

Thank you
sorry I have been swamped with a new job

I plan to use this summary



I am the registered keeper. ( I was involved in an accident and currently using a courtsey car ) while my car is undergoing repairs

As your notice is not PoFA compliant I will not be accepting any liability for the outstanding parking charges.

The driver is not known to you and I will not be providing any driver details.

You have two options:

Cancel the notice

OR

Provide a POPLA referral code

I am sorry that I am unable to help you further.

I'd be speaking to Matalan and politely but firmly telling them to get the charge cancelled.

Have you tried this yet?

Are you the registered keeper, because if you were using a courtesy car then you won’t be the registered keeper. Was the PCN addressed to you?

Did you tell Parkingeye the driver was delivering and returned for a second drop or did you waste your chance of getting this cancelled at appeal stage by putting in that no hope appeal quoted above? If so of course it got rejected and it will almost definitely be rejected by POPLA as well. If you have extenuating circumstances it's always best to appeal on that basis without naming the driver. Only use the legalese appeals when you've got no genuine appeal grounds.

I went back to matalan and asked to speak to a manager, who took the ticket details and promised to cancel it, so fingers crossed

Ideally, you need to get written confirmation of this.

We've seen cases where debt letters etc have started up again a year or more after a ticket was supposedly cancelled.