In future, if you ever receive another Parking Charge Notice (PCN), don't be in such a rush to throw the driver under the proverbial bus! In many cases, the postal Notice to Keeper (NtK) is not fully compliant with PoFA 2012 and so the Keeper (you) cannot be liable for any alleged contractual breach by the unknown (to the parking operator) driver.
Anyway, we are where we are now... You have no idea whether the transfer of liability to the driver was received by the parking operator. Never use Recorded Delivery. It is a waste of money and if no one signs for it, all you have proof of is non-delivery. Kind of defeats the purpose. If you ever have to send anything by post, send it first class and get a free "Certificate of Posting" from any post office. With that, your letter is deemed to have been delivered (served) after two working days under the Interpretation Act 1978.
There is no time limit on how long they can chase you for an alleged debt. However, should they want make claim in the county court, they have 6 years in England and Wales and 5 years in Scotland from the date of the alleged contravention. If they do eventually make a claim, it is easily defended.
You confirmed the named driver has not received anything at all, which strongly suggests either Alliance never actioned your transfer of liability, or they have lost or ignored your correspondence. As they still hold you liable, you are entitled to put them to strict proof that they never received your transfer of liability—or that it was defective (e.g. incomplete driver details). But the burden of proof is on them to show PoFA compliance if they attempt to hold you liable as keeper.
I suggest you send the following complaint to Alliance by email to complaints@alliance-parking.co.uk and also CC in yourself:
Subject: Final Demand Received – Challenge to Liability and Formal Complaint
To: complaints@alliance-parking.co.uk
Dear Sir or Madam,
I am writing as the registered keeper of vehicle [REGISTRATION] in response to a Final Demand letter received dated [insert date], relating to an alleged parking contravention on 31st May 2023 in Cornwall.
I reject any liability for this parking charge. On receipt of the original Notice to Keeper in June 2023, I promptly notified your company in writing of the full name and current address of the driver at the material time. This discharges my obligations under Paragraph 5(1)(b) of Schedule 4 to the Protection of Freedoms Act 2012.
The named driver has since confirmed that they have received no correspondence whatsoever from your company. The fact that you have waited over 21 months to recontact me, without even acknowledging my original response or contacting the actual driver, is both procedurally irregular and unfair.
Furthermore, your failure to provide a route to appeal or register a formal complaint via your website obstructs my rights under the current BPA/IPC Private Parking Single Code of Practice (PPSCoP). Section 11.2 of the Code makes clear that complaints regarding PCNs must be treated as appeals.
I request that you now confirm:
1. Whether you received and processed my driver transfer notification in 2023;
2. Why the driver has never been contacted;
3. Why no communication was issued for over 21 months;
4. Why your complaints and appeal systems are inaccessible.
Unless you can provide compelling evidence that I remain liable under PoFA, this charge must be cancelled. If you disagree, I require a formal response in writing including a copy of your complaints procedure and escalation route.
If you do not cancel the charge, I will not hesitate to escalate this matter to the DVLA, the IPC and any other relevant body, including my MP.
Yours faithfully,
[Your Full Name]
[Address]
[PCN Reference]
DO NOT identify the driver again at this stage. We need to see their response and whether they acknowledge receipt of your transfer of liability.
I also suggest you send the following Subject Access Request (SAR) to info@alliance-parking.co.uk and again, CC in yourself:
Alliance Parking UK Ltd
Unit 1a Newquay Road
St Columb Road
St Columb
Cornwall
TR9 6PZ
Dear Sir/Madam,
RE: SUBJECT ACCESS REQUEST
I write to make a formal Subject Access Request in respect of my personal information. I am entitled to make this request under data protection laws. The request is made in accordance with section 45 of the Data Protection Act 2018 and Article 15 of the retained EU General Data Protection Regulation 2016/679 (UK GDPR). You can identify my records using the information which is listed below.
Requester (data subject) information
(a). Full name:
(b). Date of birth:
(c). Address:
(d). Email address:
(e). Telephone number:
(f). PCN number:
(g). VRM:
Requested information
In accordance with my right of access under data protection law, I request the following:
(a) Copies of my personal data
I request that I am provided with full copies of all personal data relating to me which is held by Alliance Parking UK Ltd.
I would prefer to receive an electronic copy of the requested information.
(b) Purpose of the processing
Please confirm within your response the purpose (or purposes) for which my personal data was collected by Alliance Parking UK Ltd in the first instance and the purpose (or purposes) for which is has been used by Alliance Parking UK Ltd to date.
(c) Categories of the data
Please confirm within your response which categories of my personal data have been collected by Alliance Parking UK Ltd.
(d) Sharing of the data
Please confirm within your response which recipients my personal data has or will be disclosed to. Please also confirm whether my data will be shared outside of the United Kingdom and if so, what safeguards are in place in relation to this.
(e) Storage of the data
Please confirm within your response the retention periods for the storage of my personal data. If you are unable to confirm a specific retention period, please confirm what criteria will be used to determine this.
(f) Source of the data
Please confirm within your response which sources my personal data is collected from.
(g) Details about automated decision-making
Please confirm within your response whether any automated decision-making which uses my personal data is taking place or will take place. If this is the case, I ask that you please provide me with information about the logic involved in any such process and the relevant consequences the decision-making will have upon me.
(h). Existence of my rights
Please acknowledge and confirm within your response my right to request the rectification or erasure of my personal data and the right to object to or request a restriction the processing which is taking place.
Responding to my request
The above contains all necessary information in order for you to process my request and any delay by yourselves will not absolve you from providing me with the information within one calendar month of the date above as this is being sent to you as an attachment by email.
I believe that the information which has been requested should be readily available to you.
This request should not therefore fall within the legal definition of an excessive or manifestly unfounded request and should not attract any processing fee.
I would be grateful for your assistance in processing my request within the required one month period of your receipt.
Yours faithfully,
[your full name]