Free Traffic Legal Advice

Someone the driver was working for bought a parking space for them for the day. The driver ended up parking in the wrong space in a rush. It is a company vehicle so PPS don't know who the driver is.



I can't find any signage from inside the car park on street view, just this sign on the exit. Nothing on the walls of the entrance. There is signage inside the car park though.


They don't seem to have any photos of proof that the driver stayed here for longer than 10 minutes. Could I say the driver got out to read the signage?

In whose name is the NtK? Is it in a company name?

The NtK fails PoFA 9(2)(e)(i) in that there is no "invitation" not any synonym of that word, for the keeper to pay the charge and is therefore not fully compliant with all the requirements of PoFA and so, the keeper cannot be liable. Partial or even substantial compliance is not sufficient.

For now, does the keeper know who the landowner is? Can they try and ask the landowner to get their agent to cancel the PCN.

The NtK is addressed to a company name, no one's actual name. The keeper doesn't know who the landowner is. The keeper doesn't actually know about the PCN and ideally I don't want to get him involved in any correspondence as he is my boss and it would cause issues. I would like to respond to this myself as the company name if possible? Do you think I could respond to PPS saying the keeper cannot be liable?

Thanks!

If the above is OK and the NtK is in the company name, the following would be enough to appeal. Any appeal will be rejected but the point is to get a POPLA code.

This is an appeal on behalf of [Company Name], the registered keeper of the vehicle [Vehicle Registration Number], to appeal against the Parking Charge Notice (PCN) [PCN Reference Number].

It is important to note that the Notice to Keeper (NtK) issued fails to fully comply with all the requirements set out in the Protection of Freedoms Act 2012 (PoFA), specifically paragraph 9(2)(e)(i). The NtK does not include the required "invitation" to the keeper to pay the charge, nor any synonymous term that would satisfy this statutory requirement. As you should be aware, partial or even substantial compliance is insufficient under PoFA, and as such, liability cannot be transferred to the keeper in this case.

Furthermore, as the registered keeper is a company, it is evident that the company could not have been the driver at the time of the alleged parking contravention. The keeper, [Company Name], declines to identify the driver, as there is no legal obligation to do so under current legislation, particularly in relation to an unregulated private parking company such as yours.

Given the above, it is requested that you cancel the Parking Charge Notice. Alternatively, if you do not agree with this appeal, please provide a POPLA code so that the matter can be presented to an independent assessor, where we are confident that the PCN will be deemed to have been issued incorrectly.

Please confirm the cancellation of the PCN or provide the POPLA code within the relevant time frame.