Who is the Keeper that the Parking Charge Notice is addressed to? Any response must be in the Keepers name. UKPC have no idea who the driver was and the Keeper is under no legal obligation to identify the driver to an unregulated private parking company.
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:
Subject: Appeal Against Parking Charge Notice – [Insert PCN Reference Number]
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. UKPC has relied on contract law allegations of breach against the driver only.
The NtK fails to record a period of parking, as required by Paragraph 9(2)(a) of PoFA 2012. A timestamped photograph or single image does not establish that the vehicle remained parked beyond the minimum consideration period, and therefore there is no evidence that any parking contract could have been formed.
In any event, an occupant of the vehicle is disabled and holds a valid Blue Badge, which is enclosed with this appeal. The badge was not displayed due to a genuine oversight. However, now that you are aware that a disabled person was involved and that the use of the bay was legitimate, any further attempt to pursue this charge may amount to discrimination under the Equality Act 2010. Your client is a service provider and is now on notice of their duty not to treat a disabled person unfavourably due to something arising from their disability.
UKPC have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
UKPC will reject any initial appeal but the aim is get a POPLA code for a secondary independent appeal.
