They sent the original letter to the Registered Keeper (RK). They had no idea of the name of the driver, even though it is the driver that is liable for the charge. Hence the reason you should never reveal the identity of the driver. Whenever communication about this, the Keeper should always refer to the driver in the third person. No "I did this other that". Only "the driver did this or that".
So, if you were not the driver, as far as you recall, did you give them the name and address of the driver?
The PCN you have received is not PoFA complaint because the Notice to Keeper (NtK) was not given within the proscribed period. PoFA Schedule 4, Paragraph 8(4) states:
“The notice must be given by—sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.”
PoFA paragraph 8(5) then states:
"The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."
Date Calculation
[incent]• NtD given: 17 September 2024
• Day 1: 17 September 2024
• NtK earliest permissible: 15 October 2024 (Day 29)
• NtK latest permissible: 12 November 2024 (Day 56)[/indent]
So, NtK issued: 15 November 2024. Issued after Day 56. Not PoFA compliant, no Keeper liability, as long as the Keeper has not outed themself to be the driver.
Also, the reminder notice dated dated 23rd October 2024, titled "Notice to Owner/Keeper of Intended Court Action to Recover a Private Parking Charge" breaches several rules in the BPA/IPC Private Parking Single Code of Practice PPSCoP).
First, section 8.1.2 says that parking operators must not send notices or use language that:
a) suggests they have statutory authority when they do not,
b) looks like a penalty charge notice from a local authority, or
c) uses banned words listed in Annex E.
Using the term "Notice to
Owner" is misleading because it is used by councils under traffic law. This makes it look like an official penalty when it's not. That breaks points (a) and (b) of section 8.1.2.
Annex E.1 also says that notices must not use wording that implies the parking charge is being enforced under the law when it's actually a private matter. It also says notices must not pressure the person into making a payment or decision they wouldn’t otherwise make.
The phrase "Intended Court Action" gives that impression, especially if court action hasn't actually been started yet.
Annex E.2 lists banned words and phrases. While "Notice to Owner" isn’t listed specifically, the guidance makes clear that operators shouldn’t copy the style or terms used in statutory penalty notices.
Finally, Annex H says that using misleading or banned wording on letters is a Level 3 breach of the Code. This is serious and can lead to 9 sanction points, which is enough to trigger a suspension from the trade body.
So, the title "Notice to Owner/Keeper of Intended Court Action" is misleading and breaks several parts of the Code. You should submit a formal complaint to OPC in order to be able to make a formal complaint about them to the BPA. I suggest you copy and paste the following into their complaints webform here:
https://observices.co.uk/complaints-procedure.htmSubject: Formal Complaint – Misleading and Non-Compliant Terminology in Correspondence Dated 23 October 2024
To: Observices Parking Consultancy Ltd (OPC)
From: [Your Full Name]
Vehicle Registration: [Insert VRM]
PCN Reference: 142624
Date of Notice: 23 October 2024
Dear Sir/Madam,
I write to raise a formal complaint concerning your letter dated 23 October 2024, titled “Notice to Owner/Keeper of Intended Court Action to Recover a Private Parking Charge”, relating to an alleged incident on 17 September 2024 at r/o 8 The Parade, High Street, Watford.
The document you issued is misleading and appears to breach several provisions of the Private Parking Single Code of Practice v1.1 (17 February 2025).
In particular, I draw your attention to the following:
Section 8.1.2 (Design and language)
The use of the heading “Notice to Owner” mimics official terminology used by local authorities when issuing statutory penalty charge notices. This falsely implies a statutory basis for enforcement and is strictly prohibited. The same section also prohibits language that resembles a public authority penalty notice or misrepresents the legal status of the charge.
Annex E.1 (General terminology)
This prohibits the use of language which causes the recipient to assume that the charge is being enforced under statutory authority when it is not. Furthermore, it prohibits the use of terminology that applies undue pressure or causes the recipient to take action they otherwise would not.
Annex H (Sanction Scheme)
The use of misleading or prohibited terminology in correspondence is a Level 3 non-conformance, which carries up to 9 sanction points and may lead to suspension from your Accredited Trade Association.
You are reminded that the Private Parking Code is binding upon members of the BPA and DVLA’s release of keeper data is conditional upon your adherence to it.
This complaint is made in accordance with Section 11 of the PPSCoP. I request that you acknowledge this letter as a formal complaint and confirm in writing the outcome of your internal complaints process. If I do not receive a satisfactory resolution within 14 days, I will escalate the matter to the British Parking Association for investigation under the Code.
Yours faithfully,
[Your Full Name]
You should also make a formal complaint to the DVLA because they have breached the PPSCoP and therefore their DVLA KADOE contract.
Here’s how to make a DVLA complaint:
• Go to:
https://contact.dvla.gov.uk/complaints• Select: “Making a complaint or compliment about the
Vehicles service you have received”
• Enter your personal details, contact details, and vehicle details
• Use the text box to summarise your complaint or insert a covering note
• You will then be able to upload a file (up to 19.5 MB) — this can be your full complaint or supporting evidence
That’s it.
The DVLA is required to record, investigate and respond to every complaint about a private parking company. If everyone who encounters a breach took the time to submit a complaint, we might finally see the DVLA take meaningful action—whether that means curtailing or removing KADOE access altogether.
For the text part of the complaint the webform could use the following:
I am submitting a formal complaint against [INSERT PPC NAME], an [INSERT IPC or BPA] AOS member with DVLA KADOE access, for breaching the BPA/IPC Private Parking Single Code of Practice (PPSCoP) after obtaining my personal data.
While the Operator may have had reasonable cause at the time of their KADOE request, their subsequent misuse of my data—through conduct that contravenes the PPSCoP—renders that use unlawful. The PPSCoP forms an integral part of the DVLA’s governance framework for data access by private parking firms. Continued access is conditional on compliance.
The DVLA, as data controller, is obliged under UK GDPR and the Data Protection Act 2018 to investigate and take enforcement action when data is misused following release. This complaint is not about whether the data was obtained lawfully at the outset, but whether its subsequent use breached the terms under which it was provided.
I have prepared a supporting statement setting out the nature of the breach and the Operator’s actions, and I request a full investigation into this matter. I have attached the supporting document.
Please acknowledge receipt and confirm the reference number for this complaint.
Then you could upload the following as a PDF file for the formal complaint itself:
SUPPORTING STATEMENTComplaint to DVLA – Breach of KADOE Contract and PPSCoP
Operator name: [INSERT PPC NAME]
Date of PCN issue: [INSERT DATE]
Vehicle registration: [INSERT VRM]
I am submitting this complaint to report a misuse of my personal data by [INSERT PPC NAME], who obtained my keeper details from the DVLA under the KADOE (Keeper At Date Of Event) contract.
Although the parking company may have had reasonable cause to request my data initially, the way they have used that data afterwards amounts to unlawful processing. This is because they have acted in breach of the BPA/IPC Private Parking Single Code of Practice (PPSCoP), which is a mandatory requirement for access to DVLA keeper data. The PPSCoP forms part of the framework that regulates how parking companies must behave once they have received keeper data from the DVLA.
The KADOE contract makes clear that keeper data may only be used to pursue an unpaid parking charge in line with the Code of Practice. If a parking company fails to comply with the PPSCoP after receiving DVLA data, their use of that data becomes unlawful, as they are no longer using it for a permitted purpose.
In this case, [INSERT PPC NAME] has breached the PPSCoP in the following ways:
[INSERT A SHORT SUMMARY OF THE BREACH(ES), e.g. failure to follow grace periods, misleading notices, refusal to engage with a complaint, pursuing a charge despite having evidence of disability or mitigation, etc.]
These are not minor or technical breaches. They show a clear disregard for the standards required under the current single Code. As a result, the operator is no longer entitled to use the keeper data they obtained from the DVLA, because the purpose for which it was provided (a fair and lawful pursuit of a charge under the Code) no longer applies.
The DVLA remains the Data Controller for the data it releases under KADOE, and is therefore responsible for ensuring that personal data is not misused by third parties. This includes taking action against AOS operators who breach the conditions under which the data was provided. I am therefore asking the DVLA to investigate this breach and to take appropriate action under the terms of the KADOE contract.
This may include:
• Confirming that a breach has occurred
• Taking enforcement action against the operator
•Suspending or terminating their KADOE access if warranted
I have attached relevant supporting material with this statement. Please confirm receipt and provide a reference for this complaint. I am also happy to provide further information if required.
Name: [INSERT YOUR NAME]
Date: [INSERT DATE]
