3. Parking Eye - no return within 1 Hour
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Re: Parking Eye - no return within 1 Hour
« Reply #15 on: »
It is important that you do not lie, so you must not state that it was two different drivers if it was not.

However, there is no obligation for you to state that it was the same driver, nor to tell them who the driver was.
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Re: Parking Eye - no return within 1 Hour
« Reply #16 on: »
The NtK is not compliant with PoFA Schedule 4 Paragraph 9(2)(b) - as a result keeper liability cannot occur.
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Re: Parking Eye - no return within 1 Hour
« Reply #17 on: »
Quote from: InterCity125 on Today at 07:24:47 am
The NtK is not compliant with PoFA Schedule 4 Paragraph 9(2)(b) - as a result keeper liability cannot occur.

Hi InterCity125

I had a look at the legislation,
Protection of Freedoms Act 2012
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
legislation.gov.uk
and this is the wording

Quote
inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

As they mention this under the protection of freedoms act in the letter, I do not understand how what they say is not compliant?
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Re: Parking Eye - no return within 1 Hour
« Reply #18 on: »
PoFA Schedule 4 Paragraph 9(2)(b) specifies the following;

The notice MUST inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full.

The legislation therefore sets out two specific requirements relating to the information which must be conveyed under 9(2)(b).

Namely;

1. That the driver is required to pay parking charges in respect of the specified period of parking.

And

2. That the parking charges have not been paid in full.


The notice from Parking Eye fails to convey the second part of the statutory requirement specified in 9(2)(b).

The legislation itself specifies that the NtK must meet "all applicable conditions under this Schedule" - this means that partial or even substantial compliance is not sufficient - total compliance is required.
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  3. Parking Eye - no return within 1 Hour