Hi
Grateful for advise with this. images below
NtK recieved today for a PCN from Waitrose. The driver parked at store and accidently overstayed while shopping. Items were purchased and we will be complaining to Waitrose.
I believe that the NtK does not comply with POFA for the transfer of liabilty to the keeper.
9b - informt he keeper that the driver is required to pay.
9e - state that they do not know who the driver is and invite keeper to name the driver.
Grateful for any advise or confirmation of above before i appeal.
thank you
It's not PoFA compliant at all. If Plan A s not successful, then Plan B is the following appeal to Britannia:
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. Britannia 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. Britannia have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Thanks very much for this.
If this does to popla do I just need to point out the pofa non compliance? Anything else I should add?
Thanks again
A POPLA appeal would be along the same lines but more detailed. Wait until you get a response from Britannia though, no point drafting anything until you know whether you need to go to POPLA or not.
Just to give closure on this.
I appealed to brittania on the pofa grounds and also complained to Waitrose. Waitrose cancelled the ticket and I finally got an email from brittania to say they've cancelled after chasing them.
So always worth complaining!
Thanks for help and advise.
Excellent - well done. Getting the landowner to intervene is always the best solution if you can.
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