Free Traffic Legal Advice

5(1)The first condition is that the creditor—

(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(2)The right under this paragraph applies only if—

(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and

(b)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.

(3)For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.

(4)The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.

(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

(6)Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery).

(7)The right under this paragraph is subject to paragraph 13 (which provides for the right not to apply in certain circumstances in the case of a hire vehicle).

Please note that we comply with the Protection of Freedoms Act 2012 (POFA).

With the address you have provided, we cannot conveniently contact the driver as we only have power to enforce within the UK.

This means that we are unable to take steps to enforce against the driver. According to POFA, if we are unable to take steps to enforce against the driver of the vehicle, we have the right to recover any unpaid parking charges from the keeper of the vehicle (Schedule 4 Para 4(1)).

Right to claim unpaid parking charges from keeper of vehicle:

The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.

Conditions that must be met for purposes of paragraph 4:

5(1) The first condition is that the creditor—

(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

Subject: Formal Complaint Regarding NPC’s Unlawful Processing of Keeper Data and Failure to Adhere to PoFA

Dear Ms Sparrowhawk (if that is indeed your real name),

I am writing in response to your wholly inadequate and legally illiterate reply to my formal complaint regarding National Parking Control’s (NPC) flagrant breach of the Protection of Freedoms Act 2012 (PoFA) and its continued misuse of DVLA keeper data in direct violation of its KADOE contract.

Your response is riddled with inaccuracies, a fundamental misunderstanding of PoFA, and a disturbing disregard for basic legal principles. Given your role as “Head of Customer Services,” one would expect at least a rudimentary comprehension of the law underpinning your company’s operations. Instead, you have cited non-existent provisions, ignored statutory obligations, and doubled down on NPC’s unlawful behaviour.

Let us dissect your errors one by one.

1. Failure to Adhere to PoFA and Unlawful Resubmission of the Notice to Keeper

Your email asserts that because NPC is “unable to conveniently contact the driver,” liability reverts to the keeper. This is an entirely fictitious assertion, devoid of any basis in PoFA.

PoFA Schedule 4, Paragraph 5(1) explicitly states that a creditor may only hold the keeper liable if they do not know both the name and a current address for service for the driver. I provided you with both the name and a valid, serviceable U.S. address for the driver, thereby discharging my liability.

You are seemingly under the delusion that a serviceable address must be in the UK. Nowhere in PoFA does such a requirement exist. Your refusal to accept an international address is nothing more than a convenient excuse to continue your harassment of the wrong party.

Furthermore, PoFA does not permit the reissuing of a Notice to Keeper once liability has been transferred. NPC’s decision to disregard the lawful transfer of liability and proceed against me is a flagrant abuse of process and will not go unchallenged.

2. Legal Violations & Misuse of Keeper Data

Your actions constitute clear breaches of your KADOE contract with the DVLA. By continuing to process my personal data and pursuing me for a charge I am not liable for, NPC has engaged in unlawful data processing.

As per the KADOE contract, registered keeper data may only be accessed and processed for legitimate enforcement purposes where liability for the parking charge exists. Given that I am not liable under PoFA, NPC’s continued retention and use of my data is both unlawful and a clear breach of your contractual obligations.

I will be escalating this to the DVLA’s compliance team, as NPC’s actions warrant an urgent review of whether you should retain access to keeper data at all.

3. Complete Fabrication of PoFA Provisions

You reference “Schedule 4, Paragraph 4(1)” in an attempt to justify NPC’s misconduct. No such provision exists. If you are going to attempt to use PoFA to defend your unlawful conduct, you might at least make the effort to cite an actual section of the statute.

Paragraph 4(4), which I assume is what you meant to reference, merely states that a parking operator’s right to claim against the keeper arises after 28 days if liability has not been transferred. Given that liability was transferred in accordance with PoFA, NPC never had the right to pursue me in the first place.

Your misrepresentation of PoFA demonstrates a staggering level of incompetence and reinforces why NPC’s conduct needs to be scrutinised by regulatory bodies.

4. NPC’s Reliance on the IPC as a Shield from Accountability

You suggest I take my complaint to the IPC. The very notion is laughable. As you are well aware, the IPC is an utterly discredited entity that functions more as a rubber stamp for its members than as a genuine regulator.

The Private Parking Single Code of Practice (PPSCoP) is quite clear in stating that PoFA must be adhered to. NPC has failed to do so, meaning this matter is for the DVLA, the ICO, and potentially the courts, not the IPC.

5. Formal Demands & Next Steps

NPC is now on notice that I will escalate this matter further unless the following actions are taken immediately:

1. Cease all unlawful processing of my data. You are in clear breach of PoFA and have no legitimate grounds to retain or use my personal information.
2. Confirm that you have cancelled this charge in full. Given that liability was transferred, there is no legal basis for pursuing this claim.
3. Provide an explanation for your blatant misinterpretation of PoFA. Your inability to grasp the basic tenets of the very law you are attempting to rely on raises serious concerns about NPC’s competence and integrity.
4. Discipline Ms Sparrowhawk for her demonstrable failure to comprehend statutory law. Assuming that she exists, her complete lack of understanding of PoFA suggests she is wholly unqualified for her role. If she is a fabricated persona, NPC’s decision to respond to legal complaints under a false name further underscores the deceitful nature of your operations.
5. Confirm that a full investigation has been launched into NPC’s misuse of keeper data. The DVLA will be informed of your actions, and unless corrective measures are implemented, your access to keeper data should be revoked.

Failure to comply with the above will result in immediate escalation to the DVLA, the ICO, my MP, and further legal scrutiny. Given that this matter is already subject to litigation, NPC’s continued misconduct will only serve to strengthen my position in court and increase the likelihood of costs being awarded against you for unreasonable behaviour. Your flagrant disregard for the law will not go unnoticed or unchallenged.

I expect a full written response within 7 days. If NPC fails to act, I will have no hesitation in pursuing all available legal and regulatory avenues to hold you to account.

Final Warning

NPC’s continued pursuit of this charge in defiance of PoFA and the KADOE contract is nothing short of vexatious litigation. Given that this claim has already been issued and defended in the county court, your ongoing misconduct will only serve to reinforce my position in proceedings. While I do not seek an immediate strike-out, I fully expect your legal representatives to discontinue before they have to pay the hearing fee, as is your standard modus operandi. However, such a late discontinuation will not prevent me from applying for a costs order against NPC for unreasonable behaviour, including your refusal to acknowledge a legally valid transfer of liability.

Your ignorance of the law will not shield you from the consequences of your actions. Consider this your final opportunity to correct your misconduct before I escalate this further.

Yours sincerely,

[Your Name]

Nothing really besides court papers