GroupNexus Moto Burton in Kendal (POPLA Successsful)

[b789]

Hilarious, but entirely predictable. In substance, what CP Plus are saying is this: we cannot safely rely on PoFA to hold the keeper liable, so please hand us the driver’s details instead so that we can pursue someone else. That is why they have not engaged with the actual appeal points at all. They are simply trying to bypass the PoFA defects by persuading the keeper to identify the driver for them. Unless the driver is identified, they have no proper route to keeper liability if the Notice to Keeper is not PoFA compliant, and they know it.

Respond with the following:

Subject: Parking Charge [insert reference]

Dear Sir or Madam,

Thank you for your email.

The driver will not be identified. There is no obligation upon the keeper to provide the name or address of the driver.

My appeal was made on the clear basis that you cannot transfer liability to the keeper because the Notice to Keeper does not comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012, including but not limited to paragraphs 9(2)(e) and 9(2)(h).

Your response does not address those points at all. Instead, it merely requests the driver’s details. That request is declined.

Please now properly consider the appeal as submitted and either cancel the charge or issue a formal rejection together with the POPLA verification code.

Yours faithfully

[Name]