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Keeper Liability - Para 11 of Sch 4 PoFA, An enquiry to be submitted by RKs to the DVLA
Broadsword
post Fri, 20 Feb 2015 - 17:41
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Paragraph 11 of Sch 4 PoFA sets out the third (and largely overlooked) statutory condition which must be met in order for the 'Creditor' (the PPC) to benefit from 'keeper liability'

For ease of reference this is the salient text:-

"11 (1) The third condition is that—

(a)the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper’s details in relation to the period of parking to which the unpaid parking charges relate;

(b) the application was made during the relevant period for the purposes of paragraph 8(4) (where a notice to driver has been given) or 9(4) (where no notice to driver has been given);

© the information sought by the application is provided by the Secretary of State to the applicant
."


I am aware of anecdotal evidence of many occasions of PPCs reusing data, or obtaining 'RK data' using ulterior means (company details from liveried vehicles etc) or otherwise accessing RK data other than in accordance with the statutory requirements of Para 11 of PoFA.

If the RK can show that the PPC has failed to comply with this requirement then there is no 'keeper liability'.

The below therefore is a generic enquiry that could be submitted the Dft (via the DVLA).

I have considered the implications of the FOI/SAR route, however I feel that it is important that this is kept as a separate but still legitimate enquiry to ascertain a) whether or not the PPC has played by the rules and b) whether or not they have the right to legally pursue the keeper.

I am also aware that the DVLA will be unable to answer (as it stands) questions 5,6 and 7 but it's important that those questions are asked because it highlights the sparsity of information that the DVLA still sells data against.


I would therefore advise every single Registered Keeper who gets a postal PCN citing either Sch 4 and/or 'keeper liability', to make an enquiry of the Secretary of State (via his agents at the Dft/DVLA) for confirmation or otherwise that the statutory requirement of Para 11 has indeed been met, as follows:

email to:- dsp@dvla.gsi.gov.uk


The Protection of Freedoms Act (PoFA) 2012 –
An enquiry regarding Paragraph 11


Name
Address
Date

Dear Sir,

As DVLA records will confirm, I am the registered keeper of a motor vehicle registration number................................

I recently received a postal Parking Charge Notice demand for a payment from a Private Parking Company.

The Notice makes reference to Sch 4 of the Protection of Freedoms Act 2012 (‘PoFA’) and/or ‘keeper liability’.

I understand that Paragraph 11 of PoFA makes it a statutory requirement for the creditor (or a person acting for or on behalf of the creditor) to have made an application for the keeper’s details to the Secretary of State.

I therefore require the Dft, acting on behalf of the SoS, to provide the following information:-

1) Confirmation (or otherwise) that my data was requested and supplied in accordance with that statutory requirement.
2) The full details of the name and address of the requestor
3) The date of the request
4) The date that my personal details were given
5) The date of the alleged contravention specified by the requestor
6) The details of the alleged parking contravention.
7) The location of the alleged parking contravention

Regards

Registered Keeper


This post has been edited by Broadsword: Fri, 20 Feb 2015 - 17:42
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post Fri, 20 Feb 2015 - 17:41
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Broadsword
post Fri, 27 Feb 2015 - 19:10
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The link to the DVLA evidence to Transcom is here

Questions 7 - 11 (and more importantly the answers) are the pertinent ones
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