Forget the "unclear signage". This will be an easy one to deal with… as long as the
unknown driver’s 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.
In particular, the NtK fails the mandatory requirement of PoFA 2012 Schedule 4 paragraph 9(2)(a) to “specify the relevant land on which the vehicle was parked”. “Liverpool Docks” is not a single, clearly defined site but a vast and sprawling area covering over 7 miles of waterfront, numerous car parks, roads, and areas of land under different ownerships and operators. The location is so vague that it is akin to alleging a contravention at “London” or “Manchester”. This makes it impossible for the keeper to verify signage, terms, or even if the operator had authority over the exact spot.
“Liverpool Docks” plainly fails to specify any relevant land and is evidence of the utter incompetence of this operator. 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.
In particular, you have failed to comply with paragraph 9(2)(a) on two separate points, the first one being that by failing to specify the relevant land — “Liverpool Docks” is an absurdly vague term that does not meet the statutory test and does not identify a single, specific car park, road or site. The second point is that there is no "period of parking" stated. As noted in the persuasive appellate court case of Brennan v Premier Parking Solutions (2023) [H6DP632H], without a defined "period of parking", the notice is incapable of holding the Keeper liable.
Additionally, just to prove your firm's utter incompetence, without a specified period of parking, you have failed to evidence that the vehicle remained parked for longer than the minimum consideration period, which means no contract was formed. Good luck with that should you be so stupid as to try and continue with this farcical PCN.
There will be no admission as to who was driving and no inference or assumptions can be drawn. Group Nexus 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. Group Nexus have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.