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   DIR Return to: Private parking tickets
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       #Post#: 65161--------------------------------------------------
       Re: PPS Ticket
   DIR By: privates
       Date: April 1, 2025, 8:30 am
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       --- Quote from: b789 link ---
       >
       > The Notice to Keeper (NtK) is not PoFA compliant as it
       breaches paragraphs 9(2)(a) and 9(2)(e)(i).
       >
       > Easy one to deal with… as long as the unknown drivers 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.
       >
       > Use the following as your appeal. No need to embellish or
       remove anything from it:
       >
       > [quote]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. PPS 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.
       PPS have no hope at POPLA, so you are urged to save us both a
       complete waste of time and cancel the PCN.
       --- End Quote ---
       [/quote]
       I have received the following reply regarding the appeal
  HTML https://ibb.co/ksdZ4t1R
       #Post#: 65168--------------------------------------------------
       Re: PPS Ticket
   DIR By: b789
       Date: April 1, 2025, 8:59 am
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       SO you appeal to POPLA with the following points:
       --- Quote from: b789 link ---
       > The Notice to Keeper (NtK) is not PoFA compliant as it
       breaches paragraphs 9(2)(a) and 9(2)(e)(i).
       --- End Quote ---
       Put something together after doing a search of the forum for
       other POPLA appeals to see the format and then show us so we can
       provide further advice and guidance. You have 33 days from the
       appeal rejection date to submit your POPLA appeal.
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