Free Traffic Legal Advice

Hi wondering if anyone can help? Details of PCN received attached.  Any advice greatfully received and next steps.  Thanks in advance

PAYMENT NOT MADE IN ACCORDANCE WITH NOTIFIED TERMS – Civil Enforcement Ltd, Rear of Brows Lane, Formby L37 4ED

Notice to keeper issued 26/12/24 received 3/1/25 for parking 3/12/24 – see attached PCN https://imgur.com/a/tjZtC8d and https://imgur.com/a/AldyUQ3

Upon entering the car park, the driver found a space and parked up, driver and passenger(s) gathered belongings and exited vehicle.  A passenger in the vehicle had used this car park previously – with a different vehicle and offered to pay for parking.  The entry time stamp is shown as 11:45:37 and whilst walking to their appointment login was initiated, however Pay by Phone app could not be access despite having the correct credentials.  A password reset to PbP was requested and that was sent at11:50 (see image) https://imgur.com/a/ndUDrFz and https://imgur.com/a/Aug8Wbc  a second attempt was made 11:58 (see image) https://imgur.com/a/jQWt4SY  The app still could not be accessed and advice is to:
Check your internet connection: Ensure you have a strong Wi-Fi or cellular signal. Verify login details: Double-check your username and password, making sure there are no typos. Update the app: Check your app store for updates and install the latest version.  Restart the app: Close the app completely and then reopen it.  Restart your phone: Power off your phone and then turn it back on.  Log out and log back in: Try logging out of your account and then logging back in.  Reinstall the app: Uninstall the app and then reinstall it from your app store.   
All the downloading/restarting/etc was completed at the intended destination for the visit using their Wi-Fi.  Unfortunately, no matter which (regular, ordinary) credit/debit card tired the app refused to co-operate.  Eventually after multiple attempts with multiple cards from various occupants the payment was made see images.
On 3 January the registered keeper, received a PCN through the post (generated 26/12/24) see images https://imgur.com/a/SIdv6T8 and https://imgur.com/a/qLazn1r
The driver/passenger(s) entered into a digital content contract by using a parking app, of which statutory rights under the Consumer Rights Act 2015 are enshrined and state:
S34 Digital content to be of satisfactory quality
S35 Digital content to be fit for particular purpose
S36 Digital content to be as described

Apps should be tested to ensure they provide fit and proper service, in this instance the app did not meet the Consumer Rights Act of 2015 and complaint is made on that basis.  The grace period of 10 minutes was exceeded as the contract was frustrated by impossibility and frustration of contract.  There was no intention to not pay for carparking. Indeed the correct parking fee was paid for by the driver’s party and collected by PbP.
The Equality Act 2010 legally protects people from discrimination in the workplace and wider society. It places an obligation on businesses to make provisions relating to transport for disabled persons and make reasonable adjustments. There are nine protected characteristics, although the main ones here are age and disability (including dyslexia).
Placing an unnecessary burden on the consumer to do more than their core obligation of paying for parking.  Imposing other hoops on a driver to jump through is an unfair burden and not legitimate reason to generate £100 PCNs to paying patrons.  The breach is ‘de minis and no loss to the operator. The fine is disproportionate and unjustified as there was no actual loss as the parking fee had been paid see images https://imgur.com/a/dM90AUp and https://imgur.com/a/2K2bUL9

The Notice to Keeper (NtK) is not PoFA compliant. Easy one to defeat... 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. CEL 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. CEL have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.