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Private parking tickets / Re: PCM ticket - giving friend her prescription
« on: December 23, 2025, 08:42:58 pm »OK, I can see the Notice to Driver (NtD) now. this is how you deal with the initial appeal...
Do NOTHING until day 27 which is Monday 5th January, when you appeal, but ONLY as the Keeper of the vehicle. There is no legal obligation on the Keeper to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtD is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:QuoteI am the keeper of the vehicle and I dispute your parking charge.
I deny any liability or contractual agreement and I require you to cancel the PCN or refer the matter to independent Alternative Dispute Resolution.
Your Notice to Driver does not comply with the mandatory requirements of Schedule 4 of the Protection of Freedoms Act 2012. In particular, it fails to specify any period of parking. As a result, you are unable to transfer liability to the keeper. Partial or substantial compliance is irrelevant.
There will be no admission as to who was driving and no inference or assumption may be drawn. Your allegation, if any, is against the driver only.
I am now providing the keeper’s name and address for service. You therefore have no lawful basis or necessity to request keeper data from the DVLA. Any DVLA request made after receipt of this appeal will constitute unlawful and excessive processing of personal data, in breach of UK GDPR Articles 5(1)(a), 5(1)(c), and 6(1), and will be treated as a data misuse for which I will pursue complaints and compensation without further notice.
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 NtK can only hold the driver liable. You are urged to save us both a complete waste of time and cancel the PCN or issue a rejection with details of ADR.
[Name]
[Address]
[PCN No.]
[VRM]
On another note, can you ask the resident the driver was visiting to provide a copy of their lease or AST.
We need to see exactly what it says about parking and visitor rights. What it does not say is just as important as what it does.
In the vast majority of residential parking cases, the parking operator has no authority that overrides the resident’s rights under their lease, nor the rights of their visitors exercising those rights. Any scheme introduced later cannot unilaterally remove or restrict those rights unless the lease expressly allows it.
Once we have sight of the lease/AST, it will be extremely useful for how this case is handled going forward.
I shall do on the 5th. Thank you for your assistance.
I will try get the paperwork for the lease or anything equivalent