Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: subs187 on December 11, 2025, 04:28:48 pm
-
They have no idea who the driver is and you MUST NOT ever identify who was driving. There is no legal obligation on the Keeper to identify the driver to an unregulated private parking firm.
You do NOTHING until day 27 after the date of the Notice to Driver (NtD). So, on Xmas eve, 24th December (put it in your diary), you appeal ONLY as the Keeper with the following:
I am the keeper of the vehicle and I dispute your ‘parking charge’. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
These are my Keeper details and address for service for my vehicle: [VRM]
[Your name and address as they appear on your V5C]
As your Notice to Driver (NtD) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. PCS has relied on contract law allegations of breach against the driver only.
For the avoidance of doubt, I have now provided you with the keeper’s name and a serviceable address. As you already hold the data necessary to identify and correspond with the keeper, there is no necessity and therefore no lawful basis under UK GDPR Article 6 to obtain the same data again from the DVLA. Any such request would breach the data minimisation principle in Article 5(1)(c) and the lawfulness and fairness requirements in Article 5(1)(a), as well as falling outside the limited purpose for which DVLA data may be obtained. Any DVLA request made after receipt of this appeal will therefore constitute unlawful obtaining and processing of personal data without reasonable cause, for which you will be held liable under the Data Protection Act 2018. This will result in complaints to the DVLA and the ICO, and I reserve the right to pursue compensation for distress and costs arising from that breach.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtD can only hold the driver liable. PCS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.
As no initial appeal is ever accepted, come back when they reject with a POPLA code.
-
Hi
PCN received from predators Parking Collection Services for vehicle parked on private land om contravention of the site parking restrictions as displayed on the signage.
The land is derelict and used for parking and no vehicle has a permits.
All grounds for appeal would be great.
PCN and Signage links are below.
Thanks
https://freeimage.host/i/f5vpAVS
https://freeimage.host/i/f5vpIDl
https://freeimage.host/i/f5vpxRf