Free Traffic Legal Advice

That notice says it was issued in January... When was it delivered? Have you taken any action so far?

It's a shame you have taken so long to take action - what's done is done, but for future reference quick action is wise. This would have been a relatively straightforward appeal, but as you have missed NCP's arbitrary appeal deadline, they'll no longer accept any appeals, and you'll essentially have to wait and see if they decide to sue you in civil court.

They appear to have sent you the notice too late to hold you liable as the registered keeper under Schedule 4 of the Protection of Freedoms Act (there's a link to it in my signature at the bottom). Although you've missed their appeal deadline there may be merit in writing to them to point this out. We can help with drafting this. (I note that they don't mention the Protection of Freedoms Act, but do claim that they will have the right to recover the charge from 'you' - part of me wonders if playing dumb here and asking on what basis they will do this will work here, to see if they'll make a rod for their own backs)

In the meantime, how does payment work at the car park in question? Do drivers enter their reg, for example?

OP, you have to understand why @DWMB2 mentioned PoFA. PoFA was introduced because unregulated private parking companies don’t know the drivers identity. The driver is always the person liable for a parking charge if the terms have allegedly been breached.

Because they don’t know the identity of the driver, as long as they comply with the strict requirements of PoFA, they can transfer that driver liability to the keeper. They get the keeper details from the DVLA.

In the NtK you have shown us, NCP have not fully complied with the strict requirements of PoFA and so, cannot hold you liable as the keeper. The driver is still liable but they have no idea who that is… unless you tell them. You are under no legal obligation to tell an unregulated private parking company the identity of the driver.

Had you appealed at the time, saying “I am the keeper and I am under no obligation identify the driver and I will not be doing so. Your NtK does not comply with the strict requirements of PoFA 2012 and so you cannot hold me liable for the charge. I suggest you save us both a waste of time and either cancel the PCN or issue me with a POPLA code where we both know you will lose or withdraw.”

Whilst it is too late appeal because of your delay, as already suggested, a complaint (not an appeal)to them along the lines of the wording above, letting them know that you are not low-hanging fruit on the gullible tree and that they should stop wasting everybody’s time and just cancel the PCN, may have the desired effect. Their response will be interesting.

If they don’t cancel, then you’ll just have to weather the inevitable storm of final reminders and useless debt collector letters. If/when they decide to try and claim through the courts (doubtful) then come back and you will easily see them off with a robust defence that will be provided.

Maybe something like this?:



Subject: Formal Complaint Regarding Notice to Keeper (NtK) Reference [PCN Reference Number]

Dear Sir/Madam,

I am writing to lodge a formal complaint regarding the Parking Charge Notice (PCN) referenced above, which was issued to me as the registered keeper of the vehicle.

As the keeper of the vehicle in question, I am under no legal obligation to identify the driver at the time of the alleged parking infringement. Furthermore, I will not be providing such information.

After reviewing the Notice to Keeper (NtK) issued by NCP, it is clear that it fails to meet the strict requirements set out in the Protection of Freedoms Act 2012 (PoFA 2012). As you are aware, in order to hold the registered keeper liable for a parking charge, the NtK must comply with all conditions specified in Schedule 4 of PoFA 2012.

The deficiencies in your NtK mean that you cannot transfer liability for the alleged parking charge to me as the keeper. Therefore, I am not liable for this charge.

Unfortunately, I have become aware of this issue too late to appeal to POPLA. Nevertheless, given the clear non-compliance of your NtK with PoFA 2012, I request that you cancel the PCN immediately. Proceeding further with this charge would be unjust and a waste of time for both parties.

Please confirm in writing within 14 days of receipt of this letter that the PCN has been cancelled.

Thank you for your prompt attention to this matter.

Yours faithfully,

Thank you - email and letter sent - I will update the thread when I get a response!

Thanks again for your advice!

What deficiencies?

Anyway OP, they'll disregard because you're out of time. The ball is in the creditor's court.

By way of background while we wait, the NTK refers to a person by name, your first post refers to 'I have received', 'the vans get cleared' and 'this is the only letter we've received'.

All very suggestive of a company set-up, but this wouldn't explain the NTK being addressed to a person by name.

Without revealing the driver, can you give us some background pl?

What deficiencies?

Sent too late to be PoFA compliant, for starters.