Keeper liability

[1099OID]

We have just returned from Holiday to find a PNC from for an alleged breach of over staying on a car park back in August the date of the alleged breach was on the 11/08/2018 but the letter is dated 06/10/ 2018 but the stamp on the letter is the 8th of October. I have been told that they need to send out within 14 days of the alleged breach a notice to keeper asking for the details of the driver. if they dont get anything back they issue a notice to keeper to chase them for the money and give a further 28 day to comply. i have been told that they now can now chase the keeper for the debt because they have not complied with the correct steps. is this true its been 59 days sine the alleged breach to the 8th

[ostell]

If there was no windscreen ticket then they have to issue the Notice to Keeper within 14 days in order to transfer liability to the keeper. Outside of this time then they can only chase the driver, who they do not know and there is no legal requirement for the keeper to identify the driver.

Who is the parking company?

Here's the appeal to send.

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc

[1099OID]

it was a pay and display car park with entry cameras. The PNC was 4 A4 pages with parking charge notice at the top. the first page laid out all of there claims the second page said at the top we now invite you to tell us who the driver of the vehicle. the other pages were our car entering but the second picture just had the number plate the rest of the picture was black it was dark. the annoying thing is i know i paid the correct money for the time but i know longer have the ticket to prove it also my sister and father in law got a PNC from the same car park at the same time. as we all arrived and left at the same time. They have paid theirs, but they both say they paid the correct amount. the car park is run by a IPC member. which seem to get bad press. for not using common scene.

[ostell]

Amend your post so that the identity of the driver cannot be inferred. use "the driver ......" etc.

Please read post #2 again, I made a slight error in saying the keeper instead of the driver. If there wwas no windscreen ticket then just send that appeal I gave and then ignore.

[1099OID]

I got a reply back to my letter please see the reply i was wondering who are they going to contract with?

[1099OID]

I have sent them the reply you said and that i what i got back.

[1099OID]

so your advice is to ignore

[ostell]

Yes, as they cannot identify the driver, and there is no legal requirement to tell them, and they have confirmed they are not using POFA , then there can be no keeper liability. Appealing to the IAS will always fail so don't bother.

Just keep that letter in a safe place for 6 years just in case they try court.

You could write back to them say that as they have confirmed that they are not using POFA to transfer liability to the driver then you, as the keeper, cannot possibly be held liable for the actions of the driver. Again you do not expect to hear form them again.

[1099OID]

Thank you for your help.