You should have told me that bit of info earlier. If you've not sent that appeal yet (in your partners name), then send this slightly amended version:
Subject: Challenge to PCN Ref [INSERT REFERENCE]
I am not the registered keeper of this vehicle and was not the driver. My name was mistakenly provided by the dealership when registering the vehicle. The DVLA record has since been corrected and I have no connection to the vehicle in question and do not reside at the address to which this Notice was sent.
Furthermore, the Notice to Keeper fails to comply with the Protection of Freedoms Act 2012 (PoFA) in the following respects:
• It was sent to an individual who is not the registered keeper, and therefore no keeper liability can arise.
• It misstates the period for liability, demanding payment within 28 days of the date of issue, whereas PoFA requires the 28-day period to begin from the day after the notice is deemed to have been received. This also breaches section 8.1.2(e) of the BPA/IPC Private Parking Single Code of Practice.
As you cannot hold me liable as Keeper or Driver, you are required to cancel this Parking Charge Notice and remove my data from your systems.
If you fail to confirm cancellation and erasure of my data, I will escalate this to the Information Commissioner’s Office for a breach of data protection obligations.
So, to clarify... The person named on the NtK does live at the address. That person is neither the RK nor the driver at the time of the alleged contravention.
In which case, the person named (your partner) needs to send the following appeal to Parkmaven:
Subject: Challenge to PCN Ref [INSERT REFERENCE]
I am not the registered keeper of this vehicle and was not the driver. My name was mistakenly provided by the dealership when registering the vehicle. The DVLA record has since been corrected and I have no connection to the vehicle in question.
Furthermore, the Notice to Keeper fails to comply with the Protection of Freedoms Act 2012 (PoFA) in the following respects:
• It was sent to an individual who is not the registered keeper, and therefore no keeper liability can arise.
• It misstates the period for liability, demanding payment within 28 days of the date of issue, whereas PoFA requires the 28-day period to begin from the day after the notice is deemed to have been received. This also breaches section 8.1.2(e) of the BPA/IPC Private Parking Single Code of Practice.
As you cannot hold me liable as Keeper or Driver, you are required to cancel this Parking Charge Notice and remove my data from your systems.
If you fail to confirm cancellation and erasure of my data, I will escalate this to the Information Commissioner’s Office for a breach of data protection obligations.