I received this from Parking Group Ltd
The driver pulled into the space to allow two people to get out and drove off.
Vehicle was running and was there less than two minutes.
Under BPA - they 'operate in accordance with the BPA Approved Operator Scheme Code of Practice ' - isn't a grace period of 10 minutes allowed?
Also, the alleged offence was March 16th and NTK was posted April 1st, 16 days later. Should it be sent within 14 days?
Any advice on how to proceed would be most welcome.
TIA
[ Guests cannot view attachments ]
14 days only applies if they want to hold the registered keeper liable rather than the driver, so you reply along the lines that they can’t hold you, the registered keeper, liable and to take it up with the driver, who you will not be naming.
If they come up with some malarkey about not using PoFA and assuming the keeper to be the driver, you just laugh at them.
They know that lots of people will just pay up, and it looks like you’re not one of them.
In due course they’ll likely reject any appeal but send a POPLA code who will most likely rule in your favour when you appeal to them.
Easy one to deal with… as long as the
unknown drivers identity is not revealed. There is no legal obligation on the
known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the
unknown driver is not identified, they cannot transfer liability for the charge from the
unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Parking Group has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Parking Group have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
