Please come here before you make any other appeals in future because you have blabbed the drivers identity which is a no-no for any PCN. However, do not despair. If you follow the advice, you will not have to pay a penny to ECP.
The only downside is that this will take about nine months to possibly over a year to conclude. Any PCN issued by ECP will be sued in court by DCB Legal. As long as a defence is submitted, no matter how pathetic, they will eventually discontinue or it will be struck out.
The only thing is that you will at some stage, start receiving useless debt recovery letters. Debt collectors are powerless to do anything except to try and persuade the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.
For now, follow this advice:
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. ECP 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. ECP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
Come back when that is rejected for your POPLA advice.
