Notice to Keeper Missing Mandatory Wording
The NtK must contain specific mandatory information as prescribed by POFA 2012 Schedule 4 Paragraph 9(2). Missing any required element renders the notice non-compliant and defeats keeper liability.
Legal basis
POFA 2012 Schedule 4, Paragraph 9(2)(a)-(i) specifies mandatory contents including: vehicle identification, land specification, parking period, charge amounts, creditor identification, payment instructions, keeper warning, dispute resolution information, and date of issue.
How to identify this in your case
Check NtK against POFA 2012 Para 9(2) checklist: (a) vehicle/land/period; (b) driver's obligation stated; (c) charge circumstances; (d) unpaid amount; (e) keeper invitation to pay/name driver; (f) keeper liability warning; (g) discount/dispute info; (h) creditor ID/payment details; (i) date issued.
Sample appeal wording
Upon careful review of the Notice to Keeper against the mandatory requirements of POFA 2012 Schedule 4 Paragraph 9(2), I note that the notice fails to include [SPECIFIC MISSING ITEM e.g., 'the arrangements for the resolution of disputes or complaints' / 'the date on which the notice was sent' / 'adequate description of the circumstances giving rise to the charge']. This is a mandatory requirement, not optional guidance. The notice is therefore non-compliant and the operator cannot establish keeper liability.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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