Parking after midnight

Palec

Hi, I posted here their reply, names are correct, except from in bold they used name beginning with H so probably pre-populated text? Otherwise they used my correct name.
Thank you for looking into this.
What is new and interesting that it seems I would have to get out of vehicle? Driver noticed that Mcdonalds is closed was not feeling good so stayed in car until better... Not sure if I wrote somewhere details but everything was closed so I stayed in car anyway for 23 minutes until fit to drive again...That signage on entrance is tricky is says in large 3 hours free parking and then to read T@C's which are inside in red no parking 12-5am after midnight, but in dark one would really not pay attention even if not sick... I went back when advised to take pictures and noticed it...Thank you for your advice

Palec

Communication came to me as registered keeper which is in paperwork written in red colour if it helps... 

Redx

Now post your draft rebuttal below , 2000 characters or less , short , concise bullet points , no unnecessary waffle , notice that I said characters , not words

Palec

- On entrance to retail Park signage says free 3 hours parking in large letters which encouraged me to entry car park to see if McD is still open.
- I remained in vehicle for 23 minutes as was feeling unwell so had no time to read additional T@C's, which I believe should be in red on entrance as for no parking after midnight.


I will think about more bullets points as am working till 23.00, then driving ( am on quick break), thank you for understanding.

Palec

-There is no admissions regarding who was driving in all correspondence from the keeper, and no assumptions can be drawn. ( well I do not understand fully my argument evenso they wrote to me as registered keeper and who is driver was not confirmed )

Palec

'' It is settled law that a driver is deemed to have accepted the terms and conditions of parking by the act of parking and leaving a vehicle.''
I am not sure where I can find some law re difference if one left vehicle and one remained inside vehicle to put there, was reading that when parking in private car park they can still issue fine if remained in vehicle so not sure if to use this or not.?

Palec

I found something interesting, am not going to use it as am not going to sue them, just wondered as for data protection if I can use that in my rebuttal:
''Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me''

Palec

- Also should mention that on one occassion they wrote wrong name there ( which I highlighted in bold ) or maybe I should not focus on this mistake?

Palec

- The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge

In cases with a keeper appellant, yet no POFA 'keeper liability' to rely upon, POPLA must first consider whether they are confident that the Assessor knows who the driver is, based on the evidence received. No presumption can be made about liability whatsoever. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured. There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person.

In this case, no other party apart from an evidenced driver can be told to pay. I am the appellant throughout (as I am entitled to be), and as there has been no admission regarding who was driving, and no evidence has been produced, it has been held by POPLA on numerous occasions, that a parking charge cannot be enforced against a keeper without a valid NTK.

As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4. 

Palec

Ok got permission at work to have some free time to do this here luckily, so posted few more points, but to be honest am little bit lost in POFA argument, registered keeper and driver etc...