PCN - Britannia Parking

[User32542135]

Recived a PCN for parking in a car park over the 3 hour limit.

I appealed stating i wasnt the driver, i advised them i didnt need to name the driver to them and they cannot pass the charge to me as the keeper.

They have come back with the following:

Thank you for your appeal.

This Parking Charge is not POFA compliant, however, payment can still be sought under the old
‘implied-contract-with-the-driver’ rules used prior to POFA.

Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not
nominate anyone else.

Britannia Parking have made no assumptions as to the identity of the driver. We have written to you
as the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you
inform us of the driver’s details, we will pursue them for the Parking Charge. Please be aware that
the identity of the driver does not affect the validity of a Parking Charge.

In addition, should this Parking Charge reach court proceedings, we will put in a request to the
judge that the insurance certificate for the vehicle to reviewed as evidence, to determine who was
able to drive the vehicle at the time of the contravention.

We have placed the Parking Charge on hold for 14 days to allow for you to send this information.
Please be aware due to awaiting for additional evidence your appeal response may exceed our 28
day deadline.

Please email your additional evidence to parkingcharges@britpark.com referencing your Parking
Charge Number and Vehicle Registration or send it to our registered head office address in Poole.

Any advice please? Thanks.

[des8]

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It's good of them to admit they can't pursue you as the keeper as the PN was not PoFA compliant and as they admit also they don't know the driver's identity they are on to a loser.
I do wonder what the old ‘implied-contract-with-the-driver’ rules used prior to POFA. were, as in those days the advice was to ignore PCNs completely as the parking companies just could not proceed.

It's no use them suggesting it is reasonable to assume you are the driver as that argument has been shot down many times in court
That statement "Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not
nominate anyone else." is so laughably an attempt to mislead it is unbelievable.
These companies try and use Elliott vs Loake (1982), as an assumption but this is incorrect interpretation of a criminal case where there was evidence that the reg. keeper was the driver.
The DVLA has previously confirmed that providing keeper details does not imply driver liability.
If you intend to respond to their letter ask them for case law supporting their statement !

You have no need to send them your insurance details, Even if you are the only person named on that certificate it does not mean that someone else was not driving the vehicle as they could be covered under their own policy if it has "driving other cars " extention. If a court should order its disclosure it still doesn't prove anything except you were insured.

should this Parking Charge reach court proceedings, ....I like the "should" ... forever hopeful