The Notice to Keeper (NtK) is not fully compliant with PoFA 2012 para 9(2)(a) because it does not state a period of parking. A single timestamp is not a 'period' of parking. Also, there is no evidence that a contract was formed with the driver without a period of parking.
What this means is that UKPC cannot transfer any liability from the driver, if they do not know who that is, to the registered keeper. Even if they know who the driver was, they cannot evidence that a contract was formed unless they can show that it was parked for longer than the minimum 5 minute consideration period.
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. UKPC 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. UKPC have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
It is as rare as hens teeth that a greedy unregulated private parking firm will ever accept an initial appeal, so when you receive the rejection, come back and we will assist with a POPLA appeal.
DO NOT pay UKPC. If you follow our advice, you will not be paying a penny to UKPC.
