PCN - C.U.P. Enforcement Watford, The Parade

bbpanzi

Hi all,

I'm seeking some support on the below, hope you can help.

I received the attached PCN from C.U.P Enforcement and appealed as hirer (not driver) and asked for POPLA, then received the following response asking me to identify the driver. The letter ends with "The PCN will now be placed on hold pending review and a final response."

How do you think should I respond to that?
I'm thinking of replying with below and asking for POPLA code or cancellation.

"CUP Enforcement seems to be relying on some creative but misguided legal theories about presumed driver liability or the law of agency. There is no legal obligation on the keeper to identify the driver to an unregulated private parking company. There will be no admission as to who was driving. No assumptions or inferences can be drawn. The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency.

I note your NtK. I refer you to the answer given in the case of Arkell v. Pressdram (1971). In that spirit, I suggest you cancel this PCN and save us both a complete waste of time. You’ve got no chance at POPLA and you should try and save yourself the assessor's fee.

I look forward to confirmation that this matter is now closed."

thanks in advance!

Coupon-mad

Oh it's that scam site again.  How many seconds was the car filmed for?

I think these were all similar:

14 April  Username: Vikom04 “7 minutes”

14 April  Username: magjp904 “30 seconds”

25 April  Username: Argonaut1983 “1  minute”

bbpanzi

Indeed, very similar cases. It's 45 seconds between the first and the second photo. These ...ers should be making a fortune out of this scam hole. 

fisherjim

Forbidding signs no contract offered

kryten3000

Let me know if you get to the claim stage. I have experience of beating CUP at Watford CC.
The judge's opening remarks to their rep were: "This is an extraordinary case to bring."

My Defendant had stopped half in that bay for 30s to strap her daughter in - the seatbelt had come loose.

I am tempted to go down there one day with some cones.