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       #Post#: 109600--------------------------------------------------
       Re: PCN  - Appeal help
   DIR By: InterCity125
       Date: February 12, 2026, 9:27 am
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       Yes, this is the classic 'disengagement' which we mentioned
       previously in the thread.
       Basically, you provided them with clear evidence which showed
       that the NtK was not PoFA compliant - your evidence was
       compelling in that respect.
       In simple terms, they could not comment on that without
       acknowledging that the prescribed wording wasn't present.
       Acknowledging the absent mandatory wording would have
       significant legal ramifications for the operator, not just in
       your case but in the cases of 1,000s and 1,000s of other cases -
       becoming aware of the absent wording would mean that they would
       not be able to pursue other unpaid PCNs under the claim of
       keeper liability based on PoFA. If they continued to make
       representations which indicated that keeper liability existed
       (when they knew full well that it didn't) then they would
       probably be committing fraud by misrepresentation.
       As you say, onto POPLA - an appeal along the lines of your
       previous appeal to the operator. Use the previous wording which
       sets out the exact requirements of Schedule 4.
       You could also send a further letter to Parking Eye asking them;
       Why they haven't provided a response which addresses your appeal
       point?
       Ask Parking Eye to confirm that they are no longer pursuing
       other keepers using PoFA now that they are fully aware that PoFA
       could never be applied to any of their defective PCNs?
       Ask Parking Eye to confirm that they are notifying keepers (of
       unpaid notices) that they can no longer rely on PoFA in their
       case?
       Ask Parking Eye what they are doing with keepers who have
       already paid the charges based on the defective notices -
       keepers may well have paid under the assumption that Parking
       Eye's claim of keeper liability was true?
       Have a bit of fun at their expense!
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