Author Topic: Final Notice from Countrywide Parking (Read 187 times)

kgw · « **on:** April 09, 2025, 12:23:46 pm »

Hello to all,

On 31 January, I had shared my car. The next month, I received 2 similar NtKs from Countrywide for contraventions on that afternoon.
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I let the driver know and he replied that this was where he lived so it should not be an issue and he would sort it with them.

Apparently he never did because I received a "Final Notice" a few days ago.
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The driver has now become unresponsive. I have his details (phone, email) but Countrywide won't let me transfer liability at this stage.
Not sure how to resolve this now.

jfollows · « **Reply #1 on:** April 09, 2025, 12:37:12 pm »

Not your problem.

If you notified Countrywide of the driver’s details, then it’s down to them to pursue the driver and if the driver won’t respond it’s their problem.

Presumably you have a record of notifying them.

kgw · « **Reply #2 on:** April 09, 2025, 01:34:49 pm »

Hello,

Thanks for taking the time to reply.

I did NOT notify Countrywide. When I went to their website, it said that the appeal period is over.

(btw, oddly, their appeal section states "Only the driver of the vehicle at the time the Parking Charge was issued should submit an appeal, we will not accept appeals submitted on behalf of the Driver.")

Should I just email them the details somehow ? Doesn't paragraph 5 (2) of Pofa schedule 4 mean I can still be held liable ?

jfollows · « **Reply #3 on:** April 09, 2025, 03:08:17 pm »

It doesn’t help you, but “breeched”, really?? Unfortunately rubbish grammar doesn’t give you a way out!

jfollows · « **Reply #4 on:** April 09, 2025, 03:33:49 pm »

On the other hand, the driver can be named at any time before proceedings to recover the unpaid charges from the keeper have begun, which is not the case, so you need to inform Countrywide of the name and a current address for service of the driver. This will discharge your responsibilities.

In writing with proof of posting if no other means is possible.

Extended discussion at https://forums.moneysavingexpert.com/discussion/comment/65287197#Comment_65287197, for example.

b789 · « **Reply #5 on:** April 09, 2025, 07:58:44 pm »

Under Schedule 4 of the Protection of Freedoms Act 2012, a parking operator can only hold the Keeper liable if they do not know who the driver was at the time of the alleged contravention.

However, if the Keeper provides both the name of the driver and a current address for service (i.e. a valid postal address where the driver can be contacted), then the Keeper is no longer liable for the parking charge, as long as:

This is done before the parking operator begins court proceedings against the Keeper.
Even if the operator has sent a Final Reminder or passed the matter to a debt recovery agent, the Keeper can still transfer liability at this stage. Debt recovery activity is not the same as legal proceedings.

Once the driver’s details are provided, the operator must pursue the driver instead if they wish to recover the charge. The Keeper’s responsibility ends at that point under the law.

You received a parking charge as the registered keeper of the vehicle. The actual driver was someone else, and you now want to provide the parking company, Countrywide, with the name and address of that driver. However, Countrywide is refusing to accept this because the appeal period has passed or for whatever reason they give.

Under the law, specifically the Protection of Freedoms Act 2012 (PoFA), a parking company can only make the keeper liable if they do not know who the driver was and their Notice to Keeper (NtK) was fully compliant with all those requirements. If the keeper provides both the name and current address of the driver before court proceedings begin, then the keeper is no longer liable for the charge. Court proceedings mean that a legal claim has been issued, not just a warning letter or debt collector contact.

In your case, no legal claim has been issued yet. That means you are still within your rights to give the driver’s details and stop being liable for the charge. The fact that Countrywide says they won’t accept it at this stage does not change your legal position. They are not following the law if they refuse to act on it.

Your next step is to write to Countrywide and give them the name and address of the driver. Make it clear that you are doing this under the rules set out in the Protection of Freedoms Act, and that since no legal claim has been issued, you are no longer liable. Keep a copy of your letter or email in case they try to pursue you later. If they do, you can use this in your defence and explain to the court that you followed the law and they ignored it.

You can send this to make your position clear:

Quote

Subject: Notice to Keeper – Formal Notice of Driver Identification and Liability Transfer under PoFA 2012

Dear Countrywide Parking Management,

I am writing in relation to the parking charge(s) issued to me as the registered keeper of vehicle [insert vehicle registration], relating to an alleged contravention on 31 January 2025 at "The Collective".

You are hereby formally notified, as per Schedule 4 of the Protection of Freedoms Act 2012, that the driver of the vehicle at the time was:

[Full name of driver]
[Current postal address for service]

This information satisfies the requirements of paragraph 5(1)(b) of Schedule 4. No legal proceedings have been issued against me, and therefore your right to rely on keeper liability under PoFA no longer applies.

Your refusal to allow me to transfer liability at this stage is legally incorrect and indicative of either a lack of understanding of the relevant legislation or a deliberate attempt to mislead. Your appeal page wrongly states that only the driver may appeal, which contradicts the provisions of PoFA. This, along with your misleading timeframe for submitting appeals, has already been the subject of a formal complaint to the DVLA in light of your access to my personal data via the vehicle register.

You are now required to pursue the identified driver directly. Any further contact with me regarding this matter will be documented and may be used in formal complaints or legal proceedings if necessary.

Yours sincerely,

[Your full name]
[Your postal address]
[Your email address, if desired]

Even if they still refused to accept the drivers details, they cannot pursue you as the Keeper because their NtK is not PoFA compliant with paragraph 9(2)(a). They have not specified the relevant land to which the notice relates.

"The Collective" is not a location that can be identified. I did a quick Goole Maps search for "The Collective" and it threw up the following:

The Collective, Bayside Business Centre, 48 Willis Way, Poole BH15 3TB
The Collective, 17 Long St, Wotton-under-Edge GL12 7ES
The Collective, 26 Back Madoc St, Llandudno LL30 2TE
The Collective, 109 High St, Lincoln LN5 7PY
The Collective, 12, Elmwood Court, 1a Wetherby Rd, Roundhay, Leeds LS8 2JU
The Collective, City Observatory, 38 Calton Hill, Edinburgh EH7 5AA
The Collective, Lift Bridge, Plank Ln, Leigh WN7 4EZ
The Collective, 39 Seel St, Liverpool L1 4BX
The Collective, 44 Linacre Ln, Bootle L20 5AH
The Collective, 24 Drury St, Dublin, D02 V658, Ireland
The Collective, Nash House, Old Oak Ln, London NW10 6FF
The Collective, Impact Hub, 1 Triton Square, London NW1 3DS
The Collective, WeWork, 16 Great Chapel St, London
The Collective, First Floor, 95 Leather Ln, London EC1N 7TX
The Collective, 27 Charlotte Rd, London EC2A 3PB
The Collective, New Loom House, 101 Back Church Ln, London E1 1LU
The Collective, Kennington Park cafe inside Kennington Park, 4 St Agnes Pl, London SE11 4BE
The Collective, Block 1, Unit 2 Keppoch Rd, Culloden, Inverness IV2 7LL
The Collective, Torrisdale Street Studios, 100 Torrisdale St, Glasgow G42 8PH
The Collective, 15 E Campbell St, Glasgow G1 5DT
The Collective, 52 South St, Bo'ness EH51 9HA
The Collective, 139 Comiston Rd, Edinburgh EH10 5QN
The Collective, Ocean Terminal Shopping Centre, Ocean Dr, Leith, Edinburgh EH6 6JJ

There are many more that have the name "Collective" but that's 22 not including the one in Dublin! So which one is it? Simply stating that the location of the alleged contravention is "The Collective" does not define the relevant land.

As their NtK is not PoFA compliant, they cannot hold you the Keeper liable. It is as simple as that.

kgw · « **Reply #6 on:** April 09, 2025, 09:29:09 pm »

Very interesting. Thank you for this and the draft response.

Before writing to Countrywide:

- I note that PoFA 5(2) mentions only "proceedings" and not legal proceedings so I assume there's case law for this.

- I do not have a postal address for the driver. All I know is that that he said that the contravention took place where he lives but, as you point out, "The Collective" could be a lot of different places.
I do have an email address which I believe is adequate "address for service" as required by PoFA 2(1)(b) ("an address at which the driver for the time being resides or can conveniently be contacted")

- I'm still puzzled by "Only the driver of the vehicle at the time the Parking Charge was issued should submit an appeal, we will not accept appeals submitted on behalf of the Driver". I thought only the keeper could appeal, in which case I have a good excuse for not appealing (giving away driver details is in the appeals section on their website)

jfollows · « **Reply #7 on:** April 09, 2025, 09:38:53 pm »

Current address for service is defined in PoFA

Quote

“current address for service” means—
(a)
in the case of the keeper, an address which is either—

(i)
an address at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules; or

(ii)
the keeper's registered address (if there is one); or

(b)
in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

I don’t interpret this as allowing an email address, but after 13 years perhaps that’s a possible interpretation.

You may want to consider using a (paid for) tracing service to obtain the driver’s address.

kgw · « **Reply #8 on:** April 09, 2025, 09:56:19 pm »

Imho, email fits the definition of "an address where the driver can conveniently be contacted".
Btw, an email is a valid address for service for the land registry.
I can also give The Collective as postal address.

b789 · « **Reply #9 on:** April 10, 2025, 09:31:28 am »

While I understand your reasoning, an email address is not considered an adequate “address for service” under PoFA, even though paragraph 2(1)(b) refers to “an address at which the driver for the time being resides or can conveniently be contacted.”

In legal terms, the word “address” means a physical, postal address, unless the law clearly says otherwise. PoFA does not mention email anywhere and only provides rules for when a notice sent by post is considered “given.” There are no rules or legal presumptions about service or receipt by email.

The phrase “can conveniently be contacted” just widens the scope of valid postal addresses. For example, if the driver doesn’t live at their home address but can reliably receive post at a workplace, second home, or a family member’s house, that would usually be accepted. But it still has to be a place where mail can physically be delivered.

Unless the driver has explicitly agreed in writing to accept legal notices by email, providing only an email address is not enough to meet the requirements of PoFA. The parking company is therefore entitled to continue pursuing you as the keeper.

To transfer liability under PoFA, you must provide:

• The name of the driver, and
• A valid postal address for service.

If you don’t know a postal address, it’s best to say so clearly, but understand that this likely means you will remain liable under PoFA. But... as the NtK is not fully compliant with all the requirements of PoFA, you cannot be liable as the Keeper.

I suggest you send the following to Countrywide and see where it goes from there:

Quote

Dear [Creditor's Name],

Re: Parking Charge Notice [Reference Number]
Vehicle Registration: [Registration Number]

I am writing in response to the above Parking Charge Notice, issued to me as the registered keeper of the vehicle.

I was not the driver at the time of the alleged parking event. In accordance with the Protection of Freedoms Act 2012, I am providing the name of the driver and the only contact information I hold for them:

Driver’s Name: [Full Name]
Email Address: [Email Address]

I do not hold a current postal address for the driver. This information is provided in good faith and to the best of my knowledge.

I would also point out that the Notice to Keeper you issued does not fully comply with all the requirements of Schedule 4 of PoFA, and as such, I am under no legal obligation to identify the driver or accept any liability. Nonetheless, I am voluntarily providing the above details to assist you and enable you to pursue the matter directly with the individual you claim to be liable.

Please update your records accordingly and direct any further correspondence regarding this matter to the named individual. I would be grateful if you could confirm in writing whether you now consider that liability for this parking charge has been transferred from me as the registered keeper to the identified driver.

Yours faithfully,

[Your Full Name]
[Your Postal Address]
[Date]

kgw · « **Reply #10 on:** April 10, 2025, 09:43:30 am »

Thanks.

I get your points.

I had already sent an email (copy myself) to Countrywide based on your first draft, providing "the Collective" as the driver's address + email + phone number. If they consider that "the Collective" is not a valid address, they will have proven themselves the non-compliance of the NtK.

kgw · « **Reply #11 on:** April 10, 2025, 10:28:48 pm »

The standard reply came quickly. I didn't even need to redact anything.
I wonder if this can just be safely ignored. Isn't it up to them to forward my message to their agents ?

Customer Service Agent (A-M) (Countrywide Parking Management)

10 Apr 2025, 15:xx GMT+1

Dear Sir/Madam,

We write in response to your recent email correspondence concerning your Parking Charge Notice.

Your case has now been passed to BW Legal, our third-party debt recovery agents of whom are now acting on our behalf for this Parking Charge. All correspondence concerning this parking charge must now be directed to BW Legal Ltd.

You can contact BW Legal by using the below details:

BW Legal
Enterprise House
1 Apex View
Holbeck
Leeds
LS11 9BH
https://www.bwlegal.co.uk/help
0113 487 0430

Kind regards,

Administration Team
Countrywide Parking Management Ltd | www.payapcn.co.uk

b789 · « **Reply #12 on:** April 11, 2025, 10:02:48 am »

Respond to that with the following to complaints@countrywideparking.co.uk and CC in BW Legal at disputeresolution@bwlegal.co.uk and yourself:

Quote

Subject: Notice to Keeper – Liability Extinguished – PoFA and Data Protection Act 2018

Dear Countrywide Parking Management,

Further to your response dated 10 April 2025, I confirm that I have now provided you with the full name and address for service of the driver in accordance with Schedule 4, Paragraph 5(1)(b) of the Protection of Freedoms Act 2012. This was done before any court proceedings were issued, which means that liability has lawfully transferred and you may no longer pursue the registered keeper for this charge.

Passing the matter to BW Legal or any third party does not constitute legal proceedings within the meaning of Paragraph 5(2), and does not alter the statutory position. You remain the data controller and are responsible for complying with your obligations under both PoFA and data protection law.

Continuing to process my personal data for the purpose of enforcement, now that you are no longer entitled to pursue me, is in breach of the UK General Data Protection Regulation and the Data Protection Act 2018. In particular, it breaches the following principles under Article 5(1) UK GDPR:

(a) Lawfulness, fairness and transparency – you no longer have a lawful basis to process my data;
(c) Data minimisation – you are continuing to process data that is no longer necessary;
(e) Storage limitation – you are retaining my data beyond the point where it is lawfully required.

In addition, your continued processing would now amount to unlawful profiling or automated decision-making in breach of Article 22 UK GDPR.

Any further use of my personal data in relation to this charge may result in a formal complaint to the Information Commissioner’s Office (ICO) and a claim for compensation under Section 168 of the Data Protection Act 2018, which allows a data subject to recover damages for distress caused by unlawful processing.

You are now required to delete my personal data from your enforcement systems and to confirm in writing that all further processing has ceased. The data subject in this case is no longer the registered keeper, but the named driver.

If the person reading this does not fully understand the legal basis for this response, or does not comprehend the risks of continuing to process my data unlawfully, then you are strongly advised to escalate this to your company’s Data Protection Officer or whoever is responsible for ensuring legal and data compliance. You should also refer this matter to your legal advisors if necessary. Continuing to ignore or misapply the law at this stage may result in a regulatory complaint and a legal claim for damages under Section 168 of the Data Protection Act 2018.

Yours faithfully,

[Your Name]
[Your Address]

You can also send the following to BW Legal at disputeresolution@bwlegal.co.uk and CC in Countrywide at complaints@countrywideparking.co.uk and also CC in yourself:

Quote

Subject: Notice – Unlawful Processing and Failure to Advise Client of Keeper Liability Extinguishment

Dear BW Legal,

I am writing in relation to your involvement in the recovery of a parking charge issued by your client, Countrywide Parking Management. You are currently acting in the role of debt recovery agent, and your client is the data controller.

I am the registered keeper of the vehicle in question, but I am not liable for the charge. Prior to any court proceedings being issued, I provided your client with the full name and current address for service of the driver. This satisfies the requirement under Paragraph 5(1)(b) of Schedule 4 of the Protection of Freedoms Act 2012. The legal consequence of this is that your client is no longer entitled to pursue the keeper, and any enforcement must now be directed solely at the identified driver.

Your client has refused to acknowledge this transfer of liability and has attempted to refer me to your firm instead. As a firm of legal professionals, you are under a duty to advise your client of the statutory position and the consequences of disregarding it. You are now aware that your client has received valid driver details before proceedings were issued, and that continued pursuit of the registered keeper is unlawful.

If you continue to process or act upon my personal data for enforcement purposes despite knowing that I am not liable, you will be in breach of the UK General Data Protection Regulation and the Data Protection Act 2018. You will have no lawful basis for such processing, and the breach will fall squarely on you as a data processor or joint controller.

The relevant UK GDPR principles being breached or at risk of breach include:

• Article 5(1)(a) – lawfulness, fairness and transparency
• Article 5(1)(c) – data minimisation
• Article 5(1)(e) – storage limitation

You are now formally notified that:

1. Your client is acting unlawfully in continuing to pursue the keeper,
2. You have a professional responsibility to advise them of their legal error,
3. Any further processing of my personal data by you or your client for enforcement purposes will be treated as a data breach,
4. All relevant correspondence, including my prior notification to your client, has been retained and will be used in evidence in any proceedings or complaints.

I suggest you bring this matter to your client’s immediate attention and confirm to me within 14 days that no further contact will be made with the keeper and that all processing of my personal data has ceased.

Yours faithfully,

[Your Name]
[Your Address]
[Date]

kgw · « **Reply #13 on:** April 11, 2025, 10:14:30 am »

Thanks a lot.

I see that PoFA 5(2) just refers to "proceedings", which is vague. Is it well established that this should be understood as "court proceedings" ?

kgw · « **Reply #14 on:** April 12, 2025, 12:06:28 am »

I've searched the web for an answer to my question about the meaning of "proceedings to recover the unpaid parking charges" and whether hiring a debt recovery meets the definition, but did't find anything.

The only clue I found was in Govt Guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges where proceedings are only described as actions in court:

page 20: "If the keeper does not respond to the notice within 28 days or refuses to pay the parking charge, or refuses (or is unable) to name the driver, the landholder may take action in the Courts against the vehicle keeper to seek recovery of the unpaid parking charge."
page 21: "If the Independent Appeals Service upholds a driver’s or a registered keeper’s appeal, the landholder will be required to cancel the ticket as directed by the appeals service. If the appeals service rejects an appeal the landholder may then choose to take court action to recover the amount outstanding if the driver or registered keeper still refuses to pay the parking charge."

But this is not compelling and govt guidance doesn't carry much weight (eg. difference between statute and guidance during COVID lockdowns).

Although I trust the expertise of this forum's members, I'd like understand this point since the entire argument is based on the fact that legal proceedings have not yet started.

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Author Topic: Final Notice from Countrywide Parking (Read 187 times)

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