Ok, this is my response,
"The Operator's position holds no weight. The keeper of the vehicle can not be held liable without the POFA. The Notice to Keeper was issued too late for this and therefore the Operator's assumption alone is not enough.
Please refer to the case of EXCEL PARKING SERVICES v ANTHONY SMITH (Manchester County Court) in which HHJ Smith confirmed there is no legal presumption that the keeper is the driver. Also VEHICLE CONTROL SERVICES LTD v IAN EDWARD (Teeside Combined Court) in which HHJ Gargan held that a registered keeper cannot be assumed to have been driving, nor could any adverse inference be drawn if a keeper is unable or unwilling to nominate a driver because the POFA does not invoke any such obligation.
In conclusion, I, the keeper of the vehicle, will not be held liable for these made up charges.
Anything to add?
