Parking ticket from ANPR
Discussion
Ive had a parking ticket from Smart Parking, it was captured using their anpr system. I paid for a ticket but was 25 mins over as I took my son to the toilet who is registered disabled. I appealed to popla but it has been overturned.
What is the next outcome, should I pay the £100 fine or wait for them to take me to court - which I doubt they will.
What is the next outcome, should I pay the £100 fine or wait for them to take me to court - which I doubt they will.
wjwren said:
I appealed to popla but it has been overturned.
I presume you mean that you've appealed to popla and it has been rejected? Not that the ticket has been overturned?
wjwren said:
What is the next outcome, should I pay the £100 fine or wait for them to take me to court - which I doubt they will.
As you say, they may very well not bother. But they may very well do so - do you want the hassle of CCJ's, etc?
This my surely be the best course of action:
wjwren said:
DO NOT PAY THIS 'Invoice'.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
By all means challenge it, or ignore it and see if they drop it or choose to take it further/go to court.
On the face of it though, it seems as though you overstayed and a ticket was correctly issued. Do you feel you have legitimate grounds to challenge it, or are just seeing if there's a way to get around it?
On the face of it though, it seems as though you overstayed and a ticket was correctly issued. Do you feel you have legitimate grounds to challenge it, or are just seeing if there's a way to get around it?
mgtony said:
This my surely be the best course of action:
Hmm.wjwren said:
DO NOT PAY THIS 'Invoice'.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
Hol said:
mgtony said:
This my surely be the best course of action:
Hmm.wjwren said:
DO NOT PAY THIS 'Invoice'.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
I hate the bullyboy tactics of these dreaded parking companies as much as everybody else. But we have to ask ourselves why they exist.
It is because of people who can't be trusted to comply with the parking restrictions required by the car park owner, like the OP who admits he overstayed by 25 minutes and then wants to avoid paying.
I agree that sometimes their tactics can be very iffy sometimes verging on illegal, however this case seems pretty cut and dry.
So pay the 'invoice'. If you don't want to feed the b
ds - learn how to park.wjwren said:
Was waiting for this. But as mine has been to popla than slightly different.
In direct contradiction of your own advice, why even bother replying to Smart Parking to notify them that you were the driver and letting it get to the POPLA stage if they are just 'invoices' sent by 'chancers' and able to be legitimately ignored, which you claim you have done 'around 10' times?Very bizarre.
Yellow Lizud said:
Hol said:
mgtony said:
This my surely be the best course of action:
Hmm.wjwren said:
DO NOT PAY THIS 'Invoice'.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
I hate the bullyboy tactics of these dreaded parking companies as much as everybody else. But we have to ask ourselves why they exist.
It is because of people who can't be trusted to comply with the parking restrictions required by the car park owner, like the OP who admits he overstayed by 25 minutes and then wants to avoid paying.
I agree that sometimes their tactics can be very iffy sometimes verging on illegal, however this case seems pretty cut and dry.
So pay the 'invoice'. If you don't want to feed the b
ds - learn how to park.There is no concrete proof that the OP historically tries to circumvent paying for parking, has an unhealthy obsession with parking companies (other than quoted posting history) or even that he is using his son’s condition for personal gain in this instance.
None at all.
mgtony said:
This my surely be the best course of action:
How can you get "around 10" illegitimate parking tickets? wjwren said:
DO NOT PAY THIS 'Invoice'.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
I've been driving for over 20 years and I've had one "chancer" company try it on, which I ignored as I was under no obligation to reveal the details of the driver.
But 10??
Muzzer79 said:
mgtony said:
This my surely be the best course of action:
How can you get "around 10" illegitimate parking tickets? wjwren said:
DO NOT PAY THIS 'Invoice'.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
I've been driving for over 20 years and I've had one "chancer" company try it on, which I ignored as I was under no obligation to reveal the details of the driver.
But 10??
vonhosen said:
Muzzer79 said:
mgtony said:
This my surely be the best course of action:
How can you get "around 10" illegitimate parking tickets? wjwren said:
DO NOT PAY THIS 'Invoice'.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
I've been driving for over 20 years and I've had one "chancer" company try it on, which I ignored as I was under no obligation to reveal the details of the driver.
But 10??
MustangGT said:
Tommo87 said:
Maybe…… it does actually take the whole 30mins for a child with autism to go to the toilet, turning 5mins early into 25mins late.
Knowing that, then the OP should have allowed 30 minutes for the toilet stop, not 5 minutes.mgtony said:
This my surely be the best course of action:
The latest advice is to appeal as the Registered Keeper ONLY and NEVER as the driver .wjwren said:
DO NOT PAY THIS 'Invoice'.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
These tossers are chancers who rely on people paying the invoices they send out. Ive ignored around 10 of these and heard nothing back, I dont even write back and engage. One took me to court - a chap on here helped me cant think who it was now, and I won at court. Their signage was faded and also some signs missing. Google streetview is a good tool.
Also the debt collectors rollox is just more scare tactics.
MSE forum is a good source of information.
As the RK you are under no legal obligation to name the driver. They can only transfer liability to the Keeper if they do so within 14 days and under POFA. Most will either be way over the 14 days or state "This notice is not issued under POFA so your claims are irrelevant." Instant Bingo. No POFA compliance = Successful POPLA appeal or the PPC will withdraw the appeal.
https://www.parkingcowboys.co.uk/keeper-liability/
Keeper liability
With the introduction of the Protection of Freedoms Act 2012, a change in law was made to introduce keeper liability for parking charges incurred on private land. Unfortunately there has been a lot of misinformation written about the impact of the Protection of Freedoms Act and people are confused about how it affects them. In response Parking Cowboys has worked with a legal expert to put this article together to provide an interpretation of the law.
So, the question we are answering is as follows: I am the registered keeper and not the driver who parked the car – can a private parking company make me pay a parking charge I have not incurred?
Short answer
No, if you give that PPC the name and address of the driver of your car who allegedly parked it in a private car park contrary to the car park’s terms and conditions. The PPC must have served a notice on you asking you to provide that information.
Long answer
If you do not wish to provide the name and address of the driver (and there is no legal obligation to do so), the PPC must have complied with all of the following procedural steps in order to be able to recover the parking charge from you. If you know that the PPC has failed to follow the steps below, then you can choose to decline to give the drivers details with impunity; the choice is yours. If you do choose to decline you should advise the PPC just where it has failed to comply with POFA, but after the end of the period for service of the notice to keeper. If you were to advise the PPC too early then the PPC can re-serve the notice to keeper which is compliant with the Act.
1. The vehicle must not have been stolen at the time that the Parking Charges were incurred. You must provide the PPC with evidence that it had been stolen.
2. From the date you receive a Notice to Keeper no action may be taken against you until at least 28 days have elapsed. (During that time you can either pay the charge, appeal or provide the name and address of the driver)
3. No more may be recovered from you than is specified in the Notice to Keeper (less any payments made towards the unpaid Parking Charges)
4. The creditor (person entitled to recover the parking charge) must have a contractual right to recover the parking charge from the driver and must be unaware of the name and current address of that driver.
5. Either
The driver received what the Protection of Freedoms Act 2012 calls a Notice to Driver (parking ticket) , at the time the vehicle was stationary in the car park, followed by the Notice to Keeper both of which must comply with the requirements of the Protection of Freedoms Act 2012 (see below); or
Where a notice to driver was not served e.g because of the use of ANPR, then just a Notice to Keeper has been served on you
6. The Creditor or its agent must have made application to the DVLA for your name and address either
NOT EARLIER than 28 days after the vehicle was parked (where a Notice to Driver was issued); or
NOT LATER than 14 days after the vehicle was parked (where a Notice to Driver was not issued)
7. Any requirements of any Regulations made under paragraph 12 of Schedule 4 of the Protection of Freedoms Act 2012 have been met (as to display of notices in the car park). No such Regulations have been made as at February 2013
8. Subject to Schedule 4 of the Protection of Freedoms Act 2012 where the vehicle was hired and the hire agreement includes an obligation on the hirer to pay all parking charges, if the hire company provides evidence of that liability to the Creditor within 28 days of the service of the Notice to Keeper, together with the name and address of the driver, then the hire company shall not be liable for the parking charges
The Parking Ticket (aka Notice to Driver)
Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.
Which car the ticket relates to
What land the car was parked on
The period the car was parked
When and how the parking rules were broken
What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover, and the date by which those parking charges should be paid
Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
The date the time the notice was issued
How appeals and complaints can be dealt with – for parking companies who are members of the B PA.
If the ticket was issued to the driver it may also say that the PPC may ask for details of the registered keeper of the car from the DVLA. Note that the PPC cannot ask for registered keeper details until 28 days have elapsed since the issue of the Parking Ticket i.e. after the period within which the driver is required to pay or appeal the parking charge.
The Notice to Keeper
Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the Notice to Keeper. If all of this information is not present then the Notice to Keeper is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.
Which car the ticket relates to
What land the car was parked on
The period the car was parked
Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full
State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when
Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements
Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver
Identify the “creditor” who is legally entitled to recover the parking charge
Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper.
Details of the discount for payment within 14 days, The Discount should be at least 40% of the full charge under the BPA Code of Practice (applies to BPA Members only)
Date of the notice
Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.
A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either
(Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
(Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked
A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
The notice to keeper must be accompanied by any evidence prescribed in Regulations made under paragraph 10 of Schedule 4 of the Protection of Freedoms Act 2012. As at February 2013 no such Regulations have been made.
Keeper liability
With the introduction of the Protection of Freedoms Act 2012, a change in law was made to introduce keeper liability for parking charges incurred on private land. Unfortunately there has been a lot of misinformation written about the impact of the Protection of Freedoms Act and people are confused about how it affects them. In response Parking Cowboys has worked with a legal expert to put this article together to provide an interpretation of the law.
So, the question we are answering is as follows: I am the registered keeper and not the driver who parked the car – can a private parking company make me pay a parking charge I have not incurred?
Short answer
No, if you give that PPC the name and address of the driver of your car who allegedly parked it in a private car park contrary to the car park’s terms and conditions. The PPC must have served a notice on you asking you to provide that information.
Long answer
If you do not wish to provide the name and address of the driver (and there is no legal obligation to do so), the PPC must have complied with all of the following procedural steps in order to be able to recover the parking charge from you. If you know that the PPC has failed to follow the steps below, then you can choose to decline to give the drivers details with impunity; the choice is yours. If you do choose to decline you should advise the PPC just where it has failed to comply with POFA, but after the end of the period for service of the notice to keeper. If you were to advise the PPC too early then the PPC can re-serve the notice to keeper which is compliant with the Act.
1. The vehicle must not have been stolen at the time that the Parking Charges were incurred. You must provide the PPC with evidence that it had been stolen.
2. From the date you receive a Notice to Keeper no action may be taken against you until at least 28 days have elapsed. (During that time you can either pay the charge, appeal or provide the name and address of the driver)
3. No more may be recovered from you than is specified in the Notice to Keeper (less any payments made towards the unpaid Parking Charges)
4. The creditor (person entitled to recover the parking charge) must have a contractual right to recover the parking charge from the driver and must be unaware of the name and current address of that driver.
5. Either
The driver received what the Protection of Freedoms Act 2012 calls a Notice to Driver (parking ticket) , at the time the vehicle was stationary in the car park, followed by the Notice to Keeper both of which must comply with the requirements of the Protection of Freedoms Act 2012 (see below); or
Where a notice to driver was not served e.g because of the use of ANPR, then just a Notice to Keeper has been served on you
6. The Creditor or its agent must have made application to the DVLA for your name and address either
NOT EARLIER than 28 days after the vehicle was parked (where a Notice to Driver was issued); or
NOT LATER than 14 days after the vehicle was parked (where a Notice to Driver was not issued)
7. Any requirements of any Regulations made under paragraph 12 of Schedule 4 of the Protection of Freedoms Act 2012 have been met (as to display of notices in the car park). No such Regulations have been made as at February 2013
8. Subject to Schedule 4 of the Protection of Freedoms Act 2012 where the vehicle was hired and the hire agreement includes an obligation on the hirer to pay all parking charges, if the hire company provides evidence of that liability to the Creditor within 28 days of the service of the Notice to Keeper, together with the name and address of the driver, then the hire company shall not be liable for the parking charges
The Parking Ticket (aka Notice to Driver)
Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.
Which car the ticket relates to
What land the car was parked on
The period the car was parked
When and how the parking rules were broken
What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover, and the date by which those parking charges should be paid
Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
The date the time the notice was issued
How appeals and complaints can be dealt with – for parking companies who are members of the B PA.
If the ticket was issued to the driver it may also say that the PPC may ask for details of the registered keeper of the car from the DVLA. Note that the PPC cannot ask for registered keeper details until 28 days have elapsed since the issue of the Parking Ticket i.e. after the period within which the driver is required to pay or appeal the parking charge.
The Notice to Keeper
Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the Notice to Keeper. If all of this information is not present then the Notice to Keeper is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.
Which car the ticket relates to
What land the car was parked on
The period the car was parked
Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full
State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when
Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements
Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver
Identify the “creditor” who is legally entitled to recover the parking charge
Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper.
Details of the discount for payment within 14 days, The Discount should be at least 40% of the full charge under the BPA Code of Practice (applies to BPA Members only)
Date of the notice
Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.
A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either
(Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
(Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked
A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
The notice to keeper must be accompanied by any evidence prescribed in Regulations made under paragraph 10 of Schedule 4 of the Protection of Freedoms Act 2012. As at February 2013 no such Regulations have been made.
ruggedscotty said:
https://www.parkingcowboys.co.uk/keeper-liability/
Keeper liability
With the introduction of the Protection of Freedoms Act 2012, a change in law was made to introduce keeper liability for parking charges incurred on private land. Unfortunately there has been a lot of misinformation written about the impact of the Protection of Freedoms Act and people are confused about how it affects them. In response Parking Cowboys has worked with a legal expert to put this article together to provide an interpretation of the law.
So, the question we are answering is as follows: I am the registered keeper and not the driver who parked the car – can a private parking company make me pay a parking charge I have not incurred?
Short answer
No, if you give that PPC the name and address of the driver of your car who allegedly parked it in a private car park contrary to the car park’s terms and conditions. The PPC must have served a notice on you asking you to provide that information.
Long answer
If you do not wish to provide the name and address of the driver (and there is no legal obligation to do so), the PPC must have complied with all of the following procedural steps in order to be able to recover the parking charge from you. If you know that the PPC has failed to follow the steps below, then you can choose to decline to give the drivers details with impunity; the choice is yours. If you do choose to decline you should advise the PPC just where it has failed to comply with POFA, but after the end of the period for service of the notice to keeper. If you were to advise the PPC too early then the PPC can re-serve the notice to keeper which is compliant with the Act.
1. The vehicle must not have been stolen at the time that the Parking Charges were incurred. You must provide the PPC with evidence that it had been stolen.
2. From the date you receive a Notice to Keeper no action may be taken against you until at least 28 days have elapsed. (During that time you can either pay the charge, appeal or provide the name and address of the driver)
3. No more may be recovered from you than is specified in the Notice to Keeper (less any payments made towards the unpaid Parking Charges)
4. The creditor (person entitled to recover the parking charge) must have a contractual right to recover the parking charge from the driver and must be unaware of the name and current address of that driver.
5. Either
The driver received what the Protection of Freedoms Act 2012 calls a Notice to Driver (parking ticket) , at the time the vehicle was stationary in the car park, followed by the Notice to Keeper both of which must comply with the requirements of the Protection of Freedoms Act 2012 (see below); or
Where a notice to driver was not served e.g because of the use of ANPR, then just a Notice to Keeper has been served on you
6. The Creditor or its agent must have made application to the DVLA for your name and address either
NOT EARLIER than 28 days after the vehicle was parked (where a Notice to Driver was issued); or
NOT LATER than 14 days after the vehicle was parked (where a Notice to Driver was not issued)
7. Any requirements of any Regulations made under paragraph 12 of Schedule 4 of the Protection of Freedoms Act 2012 have been met (as to display of notices in the car park). No such Regulations have been made as at February 2013
8. Subject to Schedule 4 of the Protection of Freedoms Act 2012 where the vehicle was hired and the hire agreement includes an obligation on the hirer to pay all parking charges, if the hire company provides evidence of that liability to the Creditor within 28 days of the service of the Notice to Keeper, together with the name and address of the driver, then the hire company shall not be liable for the parking charges
The Parking Ticket (aka Notice to Driver)
Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.
Which car the ticket relates to
What land the car was parked on
The period the car was parked
When and how the parking rules were broken
What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover, and the date by which those parking charges should be paid
Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
The date the time the notice was issued
How appeals and complaints can be dealt with – for parking companies who are members of the B PA.
If the ticket was issued to the driver it may also say that the PPC may ask for details of the registered keeper of the car from the DVLA. Note that the PPC cannot ask for registered keeper details until 28 days have elapsed since the issue of the Parking Ticket i.e. after the period within which the driver is required to pay or appeal the parking charge.
The Notice to Keeper
Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the Notice to Keeper. If all of this information is not present then the Notice to Keeper is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.
Which car the ticket relates to
What land the car was parked on
The period the car was parked
Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full
State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when
Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements
Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver
Identify the “creditor” who is legally entitled to recover the parking charge
Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper.
Details of the discount for payment within 14 days, The Discount should be at least 40% of the full charge under the BPA Code of Practice (applies to BPA Members only)
Date of the notice
Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.
A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either
(Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
(Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked
A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
The notice to keeper must be accompanied by any evidence prescribed in Regulations made under paragraph 10 of Schedule 4 of the Protection of Freedoms Act 2012. As at February 2013 no such Regulations have been made.
The info above...this is what education is all about.Keeper liability
With the introduction of the Protection of Freedoms Act 2012, a change in law was made to introduce keeper liability for parking charges incurred on private land. Unfortunately there has been a lot of misinformation written about the impact of the Protection of Freedoms Act and people are confused about how it affects them. In response Parking Cowboys has worked with a legal expert to put this article together to provide an interpretation of the law.
So, the question we are answering is as follows: I am the registered keeper and not the driver who parked the car – can a private parking company make me pay a parking charge I have not incurred?
Short answer
No, if you give that PPC the name and address of the driver of your car who allegedly parked it in a private car park contrary to the car park’s terms and conditions. The PPC must have served a notice on you asking you to provide that information.
Long answer
If you do not wish to provide the name and address of the driver (and there is no legal obligation to do so), the PPC must have complied with all of the following procedural steps in order to be able to recover the parking charge from you. If you know that the PPC has failed to follow the steps below, then you can choose to decline to give the drivers details with impunity; the choice is yours. If you do choose to decline you should advise the PPC just where it has failed to comply with POFA, but after the end of the period for service of the notice to keeper. If you were to advise the PPC too early then the PPC can re-serve the notice to keeper which is compliant with the Act.
1. The vehicle must not have been stolen at the time that the Parking Charges were incurred. You must provide the PPC with evidence that it had been stolen.
2. From the date you receive a Notice to Keeper no action may be taken against you until at least 28 days have elapsed. (During that time you can either pay the charge, appeal or provide the name and address of the driver)
3. No more may be recovered from you than is specified in the Notice to Keeper (less any payments made towards the unpaid Parking Charges)
4. The creditor (person entitled to recover the parking charge) must have a contractual right to recover the parking charge from the driver and must be unaware of the name and current address of that driver.
5. Either
The driver received what the Protection of Freedoms Act 2012 calls a Notice to Driver (parking ticket) , at the time the vehicle was stationary in the car park, followed by the Notice to Keeper both of which must comply with the requirements of the Protection of Freedoms Act 2012 (see below); or
Where a notice to driver was not served e.g because of the use of ANPR, then just a Notice to Keeper has been served on you
6. The Creditor or its agent must have made application to the DVLA for your name and address either
NOT EARLIER than 28 days after the vehicle was parked (where a Notice to Driver was issued); or
NOT LATER than 14 days after the vehicle was parked (where a Notice to Driver was not issued)
7. Any requirements of any Regulations made under paragraph 12 of Schedule 4 of the Protection of Freedoms Act 2012 have been met (as to display of notices in the car park). No such Regulations have been made as at February 2013
8. Subject to Schedule 4 of the Protection of Freedoms Act 2012 where the vehicle was hired and the hire agreement includes an obligation on the hirer to pay all parking charges, if the hire company provides evidence of that liability to the Creditor within 28 days of the service of the Notice to Keeper, together with the name and address of the driver, then the hire company shall not be liable for the parking charges
The Parking Ticket (aka Notice to Driver)
Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.
Which car the ticket relates to
What land the car was parked on
The period the car was parked
When and how the parking rules were broken
What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover, and the date by which those parking charges should be paid
Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
The date the time the notice was issued
How appeals and complaints can be dealt with – for parking companies who are members of the B PA.
If the ticket was issued to the driver it may also say that the PPC may ask for details of the registered keeper of the car from the DVLA. Note that the PPC cannot ask for registered keeper details until 28 days have elapsed since the issue of the Parking Ticket i.e. after the period within which the driver is required to pay or appeal the parking charge.
The Notice to Keeper
Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the Notice to Keeper. If all of this information is not present then the Notice to Keeper is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.
Which car the ticket relates to
What land the car was parked on
The period the car was parked
Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full
State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when
Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements
Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver
Identify the “creditor” who is legally entitled to recover the parking charge
Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper.
Details of the discount for payment within 14 days, The Discount should be at least 40% of the full charge under the BPA Code of Practice (applies to BPA Members only)
Date of the notice
Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.
A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either
(Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
(Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked
A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
The notice to keeper must be accompanied by any evidence prescribed in Regulations made under paragraph 10 of Schedule 4 of the Protection of Freedoms Act 2012. As at February 2013 no such Regulations have been made.
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