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Private Parking Charge
jimineycricket12...
post Tue, 12 Sep 2017 - 21:30
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Hi,

Apologies for the short notice, but I'd like to enquire about a private PCN. The PCN was registered to a car belonging to a car dealership - which was being used as a courtesy vehicle. The 'offence' was parking without displaying a valid ticket - which was not purchased.

Ignoring these notices is the usual route, but is there a way to avoid all of the threatening letters going to the dealership? (as they are the registered keeper).

The offence occurred in Edinburgh, Scotland.

The NTK attached has been sent to the dealership in question.

This post has been edited by jimineycricket123: Wed, 13 Sep 2017 - 06:54
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post Tue, 12 Sep 2017 - 21:30
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ostell
post Tue, 12 Sep 2017 - 21:37
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First of all edit your post so the the identity of the driver cannot be inferred. Most important

So how did you get hold of the NTK in the first instance?

In Scotland POFA does not apply and they can only claim from the driver of the car, hence the need for that edit. Indeed the NTK that you received tries very hard to looks as though it is POFA compliant and able to hold the keeper liable but it is not. It refers to only the driver being liable and makes no mention of keeper liability.

As it's Scotland then ignore, but keep all the paperwork. They cannot simply assume that the keeper was driving.

This post has been edited by ostell: Tue, 12 Sep 2017 - 21:39
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jimineycricket12...
post Wed, 13 Sep 2017 - 06:56
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The NTK was delivered to the dealership. Is there a way to prevent further letters going to them? My concern is that they get involved and reveal details of one of the people who had access to the car as a 'driver'.
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ostell
post Wed, 13 Sep 2017 - 07:12
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Tell the dealership to ignore any further letters. In Scotland there is no keeper liability, only the driver and they should already be doing this.

Even if they name someone else then they cannot say that person was the driver, they were not witness. The other person would be the keeper and the same rules apply.

The dealership could write back pointing out that they are the registered keeper, they have passed the Notice to the driver as requested but will not be identifying them as there is no legal requirement to do so and continuing to process assuming the registered keeper is the driver is futile as a body corporate cannot possibly be a driver.

This post has been edited by ostell: Wed, 13 Sep 2017 - 07:17
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