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#Post#: 102952--------------------------------------------------
Re: Overstay @Waitrose in South Woodford - Britannia Parking
DIR By: zeezee
Date: December 17, 2025, 4:50 pm
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Hi
My friend stayed longer than the permitted time in the private
car park.
Can you please advise on his next steps - Thank you
HTML https://live.staticflickr.com/65535/54991035745_e70159a954_b.jpg
HTML https://flic.kr/p/2rMnr4X1AAA
(2)
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by Zee Aze
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on Flickr
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by Zee Aze
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on Flickr
#Post#: 103015--------------------------------------------------
Re: Overstay @Waitrose in South Woodford - Britannia Parking
DIR By: Dave65
Date: December 18, 2025, 8:32 am
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It looks like they are not relying on PoFA to claim against the
keeper.
So, as long as the drivers ID is not divulged this should be won
at appeal at POPLA.
#Post#: 103103--------------------------------------------------
Re: Overstay @Waitrose in South Woodford - Britannia Parking
DIR By: b789
Date: December 18, 2025, 4:36 pm
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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. Britannia 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.
Britannia have no hope at POPLA, so you are urged to save us
both a complete waste of time and cancel the PCN.
--- End Quote ---
#Post#: 103141--------------------------------------------------
Re: Overstay @Waitrose in South Woodford - Britannia Parking
DIR By: RichardW
Date: December 19, 2025, 3:01 am
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Even by the low standards of the Parking Co's, that was a woeful
attempt at an NTK to allow liability transfer!
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