Notice to Keeper Parking Charge Notice

[FiFi84]

Hello, can anyone advise on this please?

I received the attached Notice to Keeper and was not the driver.

A Parking Charge Notice was attached to the windscreen on 12/09/18 and the Notice to Keeper sent on 16/10/18. Do I have keeper liability under the Protection of Freedoms Act or is there any way I can appeal this?

I've read OSTELL's replies to other similar posts but am unsure about the timings or whether AS Parking have complied completely with the Act.

Many thanks in advance for your help.

[FiFi84]

Can anyone advice on this please, it would be much appreciated! I've researched around more and as they have sent the notice to keeper after 28 days and before 56 days does this mean that I have to pay the parking charge on behalf of the driver if I do not wish to say who the driver was?

[ostell]

Here's a link to POFA. Check that everything requird by paragraph 8 is in the NTK. Does the details of the windscreen ticket and the NTK agree?

[FiFi84]

Thanks for the reply OSTELL. Attached is the PCN attached to the driver's window. The driver did buy a ticket (attached) but due to a baby related emergency did not get straight to the ticket machine and by the time they had queued at the machine and bought the ticket, returning to the car, the PCN was already on the window.

[ostell]

A baby related emergency could be within the bounds of the Equalites Act and allowanc should be made for events outside your control.

[FiFi84]

Thanks OSTELL. How does this letter sound? Any adjustments recommended? If OK, shall I send by registered post?


Dear Mr. XXXX

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter under POFA and there is no legal requirement to identify the driver at the time and I will not be doing so.

The driver bought a parking ticket (see attached) and asserts a breach of the Equality Act 2010 at CAR PARK BUSINESS at PLACE.

As registered keeper of Vehicle XXXXX, I received a parking charge notice, reference number XXX on date XXXX. This parking charge notice is invalid on the grounds that additional time was taken to purchase the parking ticket due to an emergency with a baby whom the driver was caring for at the time. This is protected under the Equality Act 2010 for which reasonable adjustments (such as extra time) must be provided.


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.

[FiFi84]

Please can you let me know if the above letter ok to send? I'll send asap if so as they specify 28 days on the NTK. Thanks

[ostell]

As registered keeper of Vehicle XXXXX, I received a parking charge notice, reference number XXX on date XXXX. There can be be no keeper liability in this parking charge notice on the grounds that additional time was taken to purchase the parking ticket due to an emergency with a baby whom the driver was caring for at the time. This is protected characteristic under the Equality Act 2010 for which reasonable adjustments (such as extra time) must be provided.