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UK parking control, Named the driver out of time but within 7 days
Jo Carn
post Thu, 18 Apr 2019 - 12:43
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My friend loaned her car to someone visiting from overseas.
She got a notification letter from UK Parking Control stating that they had written previously (presumably a Notice to Keeper). There is an image of the vehicle with a ticket on the windscreen. The breach of contract is for parking in a disabled person's space without clearly displaying a valid disabled person's badge.
My friend sent a reply 7 days later, explaining she had never received any previous correspondence and gave the driver's name and address.
2 months later and UKPC write back saying they have sent correspondence to the named driver but that the driver has not made contact with them or made payment. Her friend said she has not received any correspondence. They further state that the details of the nominated driver did not satisfy POFA and they want money.

From what I can tell, they are technically correct about POFA. My friend sent details of the driver outside of the 28 days following the NTK allowed in POFA but that was because she didn't get the Notice to Keeper. She did reply within 28 days of the first piece of correspondence.

Next step?

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post Thu, 18 Apr 2019 - 12:43
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ManxRed
post Thu, 18 Apr 2019 - 12:53
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PoFA doesn't say anything about a requirement to name the driver within 28 days. Where did you get this misinformation from?

PoFA states that the driver can be named at any time up to the point where proceedings commence (i.e. UKPC issue a court claim against the RK). As this has not yet happened, then the provision of a name and serviceable address completely discharges any liability against the Registered Keeper.

How are they claiming that the details of the nominated driver did not satisfy PoFA?



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Jo Carn
post Thu, 18 Apr 2019 - 14:55
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POFA 9 (2)(f) (ii)
warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given the creditor does not know both the name of the driver and a current address for service for the driver the creditor will have the right to recover from the keeper so much of that amount as remains unpaid.

Doesn't that mean that the keeper has 28 days to name the driver?

The keeper was not afforded the opportunity to meet the NTK deadline because she never got the paperwork.


The friend who lives abroad has no problem in putting in writing that they were the driver.


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ManxRed
post Thu, 18 Apr 2019 - 15:14
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QUOTE
Conditions that must be met for purposes of paragraph 4
5(1)The first condition is that the creditor—

(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.


Paragraph 4 is the right to claim unpaid parking charges from the Keeper.

The stipulation on 1(b) only ceases to apply if they begin proceedings as at section 2. Anytime up to that point, if they become aware of the driver's name and current address then they no longer comply with 1(b) and cannot recover charges from the Keeper.

What you have quoted from is a stipulation that they word their paperwork such that they inform the Keeper, that if, after 28 days, they don't know the name and address of the driver, then they can continue to pursue the keeper.

PPC's quite often take that to mean that the Keeper only has 28 days to name the driver (like you have) but the section 5 that I've quoted lays it out very clearly.

This post has been edited by ManxRed: Thu, 18 Apr 2019 - 15:18


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ostell
post Thu, 18 Apr 2019 - 15:47
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Was therre any details behind their statement that the details of the nominated driver did not satisfy POFA? Would be interesting to know, perhaps they are trying to say that the name and serviceable address must be in the UK, which is not true.
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Jo Carn
post Fri, 19 Apr 2019 - 09:21
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Thanks for the clarification.

They did not infer that the address had to be in the UK and I know it doesn't

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Redivi
post Fri, 19 Apr 2019 - 10:22
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Yes

POFA only refers to a current address for service
It doesn't say that the driver has to live within the jurisdiction of the England and Wales County Court
Otherwise companies could reject addresses in Scotland

The Civil Procedure Rules give instructions for service outside the United Kingdom
It may be expensive and inconvenient but that's not the registered keeper's problem


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Jo Carn
post Tue, 30 Apr 2019 - 12:31
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The Keeper has now received a notice from Debt Recovery Plus.
Given that the Keeper has named the driver, surely the original parking company has no right to pass on personal data.
Would the Keeper be correct in complaining in the strongest terms to the parking company and make a complaint to the Commissioner under GDPR?
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ostell
post Tue, 30 Apr 2019 - 13:54
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Yes, ICO complaint as first priority.

Write to UKPC again warning them that you have no liability in the matter as you have provided the name and serviceable address of the driver and the matter should now be dropped and your details removed from their records. Continuing to give your details, when there is no liability, to other people is a breach of the GDPR and as such leaves them open to substantial claims for those breaches.
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