Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Sander333 on February 20, 2025, 02:47:21 pm
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The parking company’s claim is incorrect and misleading. The DVLA allows private parking companies to obtain keeper details under the reasonable cause criterion, but this does not mean they can assume the keeper was the driver. The DVLA has previously confirmed that providing keeper details does not imply driver liability.
There is no six-month time limit for issuing a private parking charge under contract law. They may be confusing this with statutory penalties (e.g., council-issued PCNs) or criminal offences, which have a six-month enforcement period. For private parking, the limitation period is generally six years under the Limitation Act 1980.
Historically, the British Parking Association (BPA) required its members to issue a postal Notice to Keeper (NtK) within 7 months of the alleged parking contravention if they were not relying on the Protection of Freedoms Act 2012 (PoFA) to establish keeper liability. This timeframe was specified in the BPA's Code of Practice and applied to operators seeking to enforce parking charges through means other than PoFA.
If they are not relying on the Protection of Freedoms Act 2012 (PoFA) for keeper liability, then they can only pursue the driver. Their reference to "assumption" is likely an attempt to misuse Elliott v Loake (1982), which does not apply to private parking cases. If they continue to claim this, a complaint to the DVLA and their ATA (BPA or IPC) would be advisable.
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Was discussing a previous PCN with someone when advice was asked for I will get them to Post up for full advice.
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Just post in the private parking forum - it'll mostly be the same people providing advice, and taking views in the Flame Pit then following up with a separate post elsewhere on the same forum just needlessly complicates things. I'll move this post there now. Please post up all the relevant details as per: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
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A Private Parking Charge notice has been challenged and the Registered Keeper has decided not to name the driver.
They have appealed and had a reply from the Private Parking company, the penultimate paragraph states the parking charge notice has been issued under contract law as a breach of parking conditions in the UK and they can obtain keeper details under reasonable cause criteria under the assumption of them being the driver whereby a PCN can be issued within 6 months of the incident date to the driver of the vehicle.
I am wondering if this is correct and whether the DVLA is aware and condones this action. I know that these companies try Elliott vs Loake as an assumption but this is not correct. I am also wondering where the 6 months limit applies.
Any views before further action is taken and the matter be addressed on Private Parking forum
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