Yesterday, 11:13 PM
Perfect, thanks. Is the below ok?
Quote:Schedule 4 of the Protection of Freedoms Act 2012 ("PoFA") provides the only statutory mechanism by which a private parking operator may recover an unpaid parking charge from the registered keeper where the identity of the driver has not been established. Where a creditor elects not to rely upon, or fails to comply with, the mandatory requirements of Schedule 4, liability cannot lawfully be transferred from the unidentified driver to the registered keeper.
This appeal turns on a single point of law. The driver has not been identified. Accordingly, the only basis upon which the registered keeper could be held liable is through full compliance with the requirements of Schedule 4 of PoFA. UKCPS has expressly confirmed that it is not seeking to rely upon PoFA and has therefore accepted that the statutory provisions creating keeper liability do not apply.
In those circumstances, there is no lawful basis upon which the registered keeper can be held liable for the parking charge. That is the legal consequence of the statutory framework enacted by Parliament.
It follows that the appeal should be allowed. Any decision purporting to impose liability upon the registered keeper, despite the absence of compliance with Schedule 4 of PoFA and in the absence of evidence identifying the driver, would be contrary to the applicable law and unsupported by the statutory scheme.
