Parking Charge Notice - Transfer of liability

[AbuRayhan]

Hi,

I received several Notice To Keeper PCNs from Link Parking which I responsed to providing the name and address of the driver so is currently residing in Albania but was living here at the time.

I have received correspondence from Link Parking saying that the address is 'not serviceable and they cannot use it'. They actually did not ask a question just made that statement and for the purposes of clarity I replied to then via email explain that there is no reason that it should not be serviceable and that I discharged by duties under POFA as such it should be the end of the matter.

They replied again asking for the drivers license, insurance etc i again replied informing that I have already obliged with POFA and informed that the address is a) where the driver is currently residing and B) where the driver can be conveniently contacted. As stated in s2 of POFA.

I can received a reply informing me that they are holding the keeper liable i.e myself because they believe the information is incorrect.

I am not sure what else to say to them. Can someone please advise!! Thank you

[wales01man]

Re: Parking Charge Notice - Transfer of liability

If you can provide proof that this person exists and was in the country at the time of this alleged infringement they should believe you as far as they can see at the moment they may not exist if this is so a judge may have to decide if it goes to a CCJ

[charitynjw]

Re: Parking Charge Notice - Transfer of liability

Refer them to the Hague Service Convention.
https://en.wikipedia.org/wiki/Hague_Service_Convention

Albania	—	1 November 2006	1 July 2007

[AbuRayhan]

Re: Parking Charge Notice - Transfer of liability

If you can provide proof that this person exists and was in the country at the time of this alleged infringement they should believe you as far as they can see at the moment they may not exist if this is so a judge may have to decide if it goes to a CCJ

I have no way of proving it other than he was a builder and I believe he had some sort of tradesman insurance. I also think it is fairly likely that he'll be back in the UK in the near future.

I think he also done some handy work at my dad's restaurant. He may have a receipt but I don't know if it will have his name on it. If it does will that be okay?

If not, can I ask to just pay £50 and finish it, this court stuff really gives me anxiety, I'd rather pay a little and finish it.

[AbuRayhan]

Re: Parking Charge Notice - Transfer of liability

Refer them to the Hague Service Convention.
https://en.wikipedia.org/wiki/Hague_Service_Convention

Albania	—	1 November 2006	1 July 2007

Thank you for this. I will try it.

I don't think they have made any attempts to contact the driver either.

I also believe in light of POFA where it states the keeper should provide a) the current address where the driver is residing b) or where they can be conveniently contacted. I have done obliged.

Can i argue that it would be a breach of both the 1st principle of the Data Protection Act (data shall be obtained for one or more lawful purposes) and principle 3 (data shall be accurate relevant and not excessive). In light of the fact that POFA only requires the name and address? Attempting to obtain anything else would be excessive and unlawful?

And shall I warn them about referring them to the Information Commissioner?