In the first paragraph of your first post you wrote:
This was the case only as the car parked to my left was encroaching into the space I had parked in and the car park was full leaving me with no option but to park how I did (emphasis added for clarity).
The notice doesn't even purport to hold the keeper liable under POFA. Apart from any other POFA failures it does not contain the mandatory warning required by POFA paragraph 9(2(f).
It's irrelevant that Motability holds the physical V5C registration certificate. What's important is whose name and address appear on the register at the DVLA. My understanding is that Motability usually registers the hirer's name and address with the DVLA, and this is borne out in your case by the notice to keeper being addressed to you rather than Motability.
The notice doesn't even purport to hold the keeper liable under POFA.They do claim they can near the bottom:
Thank you for your reply. I don't believe I said it was me who parked the car. LPS's letter, addressed to me, alleges that I was parkedThere's a subtle but important misreading of the letter here. LPS' letter does not allege that you were parked outside a designated parking space, it alleges that "the driver" was, and they make no allegations as to who that driver was. The wording of your post, on the other hand, does.
On 03/01/2024 I received the attached (dated 22/12/2023) from London Parking Solutions. They allege that I was parked outside a designated parking space. My vehicle was parked with the nearside wheels slightly encoaching into the yellow hatched zone of an oversized disabled parking bay. This was the case only as the car parked to my left was encroaching into the space I had parked in and the car park was full leaving me with no option but to park how I did. I, myself, am a Blue Badge holder and my badge was correctly displayed for the duration of the time I was parked.
I submitted an appeal to LPS via the PayMyPcn website setting out my mitigation and promptly received a response to the effect that the driver is responsible for this matter and as I had appealed in my capacity as the RK, they would not be considering it and indeed that it would be deleted from their systems.
I had wanted to take care of this matter myself as the person driving me on the day in question has rather unexpectedly had to relocate abroad due to family problems and will not be returning to the UK.I have contacted the driver and he has said that he is (somewhat reluctantly) agreeable to my passing his name/address details to LPS. Is this a reasonable thing to do now?
I was under the impression that I had 28 days from the date of "service" of LPS's NtK in order to pay, appeal of provide drivers details. Their notice gives the impression that it is 28 days from the date the NtK was issued. Can you advise on this please?
Thank you in anticipation of your helpful advice and guidance.