BPA appeal fine but no signage

[Guest]

So give it to the 10/01 and appeal to the popla? Or send them another letter

thank you once again ostell, you’re the best.

[Guest]

A year later, the parking company has written to me, requesting a payment for the penalty notice. Despite not providing a valid Notice to Keeper issued within 56 days, the DVLA has provided my details.

[ostell]

So you write back stating that you, the registered keeper, have not received a Notice to Keeper within the mandated relevant period of 56 days and cannot therefore be held liable for the actions of the driver.

You do not expect to hear from them again other than to confirm that there will be no further action on this matter


What date was the DVLA contacted? Was it within 56 days?

[Guest]

ostell I hope you are well. Your kindly help me with this issue before, I was wondering if you can review my response to confirm my argument is valid

This notice serves to inform you that Elite Parking management failed to comply with the requirements of Schedule 4 of Protection of Freedoms Act 2012, therefore the registered keeper’s information was obtained inappropriately.
The PCN was issued on the 15/11/2020 to the registered keeper. Elite Parking management responded to the registered keeper’s appeal on 18/12/2020. The registered keeper was given until 15/01/2021 to respond to the initial rejection letter. Therefore, Elite Parking management were only legally able to request the contact details of the registered driver on the 16/01/2021(66^th Day), which is a breach of Schedule 4 of Protection of Freedoms Act 2012, Paragraph 8 section 5.
A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met. The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
I do not expect to hear from you again, or your debt collectors, expect for you to confirm that no further action will be taken on this matter and that my details have been removed from Elite Parking management’s records.

[Guest]

They didn't disclose the date they contacted the DVLA. Just mentioned at the back that I can complain to the DVLA if I believe my information for obtained inappropriately. So that's what I will do I will write to the both of them. Thanks again for your help and reassurance.

[ostell]

The can contact the DVLA after 56 days nothing inappropriate about that, they just cannot hold the keeper liable

here's my response for this situation:

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 56 days as prescribed by section 8 (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.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


You can ask the DVLA when your information was requested SubjectAccess.Requests@dvla.gov.uk Just identify yourself

[Guest]

Hi, the registered keeper has received a court county judgement notice.

Just wanted to confirm whether POFA section 8 (4) of the act is applicable to private parking companies that are members of accredited parking associations (BPA) or if this is only relevant to companies that aren’t members.

Please provide clarity around this as it will be the bases of my defence.

kind Regards