Free Traffic Legal Advice

Transfer of liability. But I'm not sure the term applies to private parking charges since it's the other way round: the liability is with the driver and they are attempting to transfer liability to the keeper.

Subject: Re: Transfer of Liability – Best Available Address for Service

Dear Countrywide Parking Management,

Thank you for your response confirming that you are now actioning the transfer of liability.

I can confirm that the information I have provided — including the driver’s name and the address at The Collective — is accurate and was given in good faith and to the best of my knowledge. I do not hold a flat number for the driver and therefore cannot supply one. The address provided is where the driver resides and receives post.

For the avoidance of doubt, this information has been provided prior to the commencement of any legal proceedings and therefore satisfies my obligations under Schedule 4, Paragraph 5(1)(b) of the Protection of Freedoms Act 2012. The statutory conditions for keeper liability no longer apply.

For the avoidance of doubt, the information provided — including the name and postal address at The Collective — was given in good faith and to the best of my knowledge. I do not hold a flat number. However, you routinely engage debt recovery agencies who are capable of conducting address verification through credit reference tools. You would use these methods to trace a Keeper who ignored correspondence, and you are equally able to use them to complete tracing of the named driver if you genuinely intended to act on the transfer.

In any event, your Notice to Keeper fails to comply with the requirements of PoFA and is therefore incapable of creating keeper liability in any case. You are not entitled to pursue the registered keeper, and any continued processing of my personal data would be unlawful.

Please now confirm that all processing of my data in relation to this matter has ceased and that no further enforcement or correspondence will be directed to me as the registered keeper. If you do not confirm this, I will escalate the matter to the DVLA and the Information Commissioner’s Office without further notice.

Yours faithfully,

Subject: Final Notice – Transfer of Liability Provided – Continued Misuse of Keeper Data

Dear Countrywide Parking Management,

I refer to your response dated 17 April 2025 in which you refuse to action the transfer of liability on the grounds that the address provided for the driver is “not a serviceable address”. That is legally incorrect and your position is now untenable.

For the avoidance of doubt, I have provided the full name and the most accurate address for service I hold for the driver. This was provided in writing before any legal proceedings were issued. This satisfies my obligation under Schedule 4, Paragraph 5(1)(b) of the Protection of Freedoms Act 2012. You are no longer entitled to pursue the registered keeper.

PoFA does not require the keeper to use a specific website or appeal portal, nor does it require that the address be validated or proven beyond what the keeper reasonably knows. Your refusal to accept the driver’s details on the grounds that I have not used your online form is procedurally invalid and appears to be a deliberate attempt to frustrate the legal transfer of liability.

Further, your Notice to Keeper fails to comply with multiple requirements of Schedule 4 of PoFA, meaning you cannot in any event rely on PoFA to hold the keeper liable.

Your continued processing of my personal data for enforcement purposes is now unlawful. You are in breach of:

• Article 5(1)(a) of the UK GDPR (no lawful basis for processing);
• Article 5(1)(c) and (e) (data minimisation and retention);
• Section 168 of the Data Protection Act 2018 (distress caused by misuse of personal data).

You are now given final notice that, unless I receive written confirmation within 7 days that:

1. All processing of my data has ceased; and
2. No further correspondence will be directed to me as keeper,

I will escalate the matter to the Information Commissioner’s Office and the DVLA as a formal complaint regarding unlawful processing and misuse of keeper data obtained from the vehicle register.

This correspondence is retained and will be used in evidence in any proceedings.

Yours faithfully,

[Your Name]
[Your Address]