Free Traffic Legal Advice

First post here...

I am acting on behalf of a registered keeper for a car that got a PCN in Dundee Gallagher retail park.

I want to appeal the ticket.

The question is should I send my appeal response within the 14 days initial period of the ticket so if it fails they will honour a reduced charge or should I wait till the 28 days and see if anything comes to the registered keeper address or not?

I don't see how they could claim the identity of the driver by virtue of appealing online before further correspondence has been sent to the registered keeper. I also do not name os say I know who the driver was.

I have copied in my initial draft of the appeal letter. The due date would be  15/05/25 i think if I were to submit early. Advice and comments please!

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I am writing to you on behalf of the registered owner of the above vehicle.

You issued this vehicle with a parking ticket on 01/05/2025 but I believe it was unfairly issued. I will not be paying your demand for payment for the following reasons:

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•   The charge is disproportionate and not commercially justifiable
The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

In my case, the £100 charge you are asking for far exceeds the cost to the landowner. At this site, the car park is free to use for customers at the retail outlets in the area for a period of 2 hours. This car was not parked for longer than the stipulated free time allowance and the driver acted as a paying customer at the retail services. I therefore feel the charge you have asked for is excessive.

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•   As this parking charge relates to an alleged contravention in Scotland, the provisions of the Protection of Freedoms Act 2012 (PoFA) do not apply. This means that ECP are unable to hold the keeper of the vehicle liable for the charge. There will be no admission as to who was driving and no inference or assumptions can be drawn. ECP 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. Since only the driver can appeal to POPLA in Scotland, and no driver has been identified, ECP cannot enforce this charge. You are therefore urged to cancel the PCN.

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In addition, please tell me who owns the car park as I wish to send them a copy of this letter.

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

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Thanks for any help everyone.

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As pointed out, this is an alleged contravention in Scotland and so there is no Keeper liability. As it is a Notice to Driver (NtD), do not appeal it yet.

Under no circumstances does the Keeper identify the driver to ECP. There is no legal obligation to do so to an unregulated private parking company.

When the time comes to appeal it, you do so ONLY as the Keeper (assuming you are). You only reference the driver in the third person. No blabbing with silly things like "I did this or that". Only "the driver idi this or that".

You should submit an appeal, only as the Keeper, on Wednesday 28th May. No earlier and certainly no later than Thursday 29th May. However, make sure that you state in it that your address for service is your Scottish residential address.

There is a double reason for this. First is to see if ECP respond to the appeal without issuing a Notice to Keeper (NtK) and the second is if they do apply to the DVLA fr your Keeper data after having already provided them with your name and address in the appeal, they will be in breach of the KADOE contract with the DVLA and will have requested your DVLA data unlawfully. This can be followed up with a formal complaint to the DSVLA about ECP which will cause them discomfort and puts them at risk of having their DVLA access removed.

Here is the suggested appeal:

I am the registered Keeper of the vehicle referenced in your Parking Charge Notice [PCN number], issued as a Notice to Driver (NtD).

This appeal is made by the Keeper only. The alleged contravention occurred in Scotland, and as such, Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) does not apply. There can be no Keeper liability under that legislation for any incident that took place in Scotland.

There will be no admission as to who was driving and no inference or assumptions can be drawn. Fore your records, my Keeper details are as follows:

[Full Name]
[Full Address]

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. ECP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.