Parking Eye Leicester PureGym St George’s Tower

..then you *will* win your appeal using the template POPLA point about 'no keeper liability' from a PE non-POFA type PCN, followed by the template point about the appellant not being shown to be the individual liable (then unclear signs, landowner authority, and if applicable, no grace periods allowed, etc.,).

Umkomaas wrote: »

You'll find it in the NEWBIES FAQ sticky, post #3 - a template appeal point for 'No Keeper Liability'. It won't mention PE or Gym, but it's a standard cover-all for most situations.

You can adapt it to suit your circumstances, but it is vitally important that in any adaptation, the identity of the driver is not inadvertently revealed. .

POPLA pick up on any such slips, then your Golden Ticket loses all of its sparkle!

This operator has not fulfilled the 'second condition' for keeper liability as defined in Schedule 4 and as a result, they have no lawful authority to pursue any parking charge from myself, as a registered keeper appellant. There is no discretion on this matter. If Schedule 4 mandatory documents are not served at all, or in time (or if the document omits any prescribed wording) then keeper liability simply does not apply.

The wording in the Protection of Freedoms Act (POFA) 2012 is as follows:

''Right to claim unpaid parking charges from keeper of vehicle:
4(1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle. (2) The right under this paragraph applies only if

(a) the conditions specified in paragraphs 5, 6*, 11 and 12 (so far as applicable) are met;

*Conditions that must be met for purposes of paragraph 4:
6(1) 'The second condition is that the creditor (or a person acting for or on behalf of the creditor) - (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8. This is re-iterated further 'If a notice to driver has been given, any subsequent notice to keeper MUST be given in accordance with paragraph 8.'

The NTK must have been delivered to the registered keeper's address within the 'relevant period' which is highlighted as a total of 56 days beginning with the day after that on which any notice to driver was given. As this operator has evidently failed to serve a NTK, not only have they chosen to flout the strict requirements set out in PoFA 2012, but they have consequently failed to meet the second condition for keeper liability. Clearly I cannot be held liable to pay this charge as the mandatory series of parking charge documents were not properly given.