You can appeal that the Notice to Keeper (NtK) is not fully complaint with ALL the requirements of PoFA and therefore the Keeper cannot be liable. CP Plus have no idea of the drivers identity unless the Keeper bias it to them, inadvertently or otherwise.
There is no legal obligation on the Keeper to identify the driver to an unregulated private parking company.
The PoFA failure is that there is no clear invitation for the Keeper to pay the charge. There has to be a clear "invitation" or at least a synonym of the word, for the Keeper to pay the charge. Inference is not enough. CP Plus will reject any appeal. Unfortunately, POPLA assessors are moronic when it comes to this argument and conveniently ignoring subsection (i) of Paragraph 9(2)(e) of PoFA.
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. Horizon 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. Horizon have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
