3. PCN Transfer of Liability - Britannia Parking
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PCN Transfer of Liability - Britannia Parking
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Hi all,

The registered keeper of the vehicle (RK) received a PCN but another named driver (ND) was actually driving the car at the time. RK completed an online form to transfer the liability to ND.

ND's plan is to appeal the charge (the ticket machines were out of order!!!), however, ND is yet to receive a notice. Given that the liability was transferred to ND, they have presumed that they should await to receive the PCN before any further action, but are concerned that it has been 3 weeks and they have heard nothing. Is ND meant to take action on the notice even though they haven't received one themselves? ND is hoping that the "clock" (ie "you have 28 days to pay or appeal dah dah dah...") will reset when they receive a notice.

Is ND okay to sit tight whilst they await a notice, or should they take any action in the meanwhile?

They would really appreciate your help.

Thanks,

Adam
« Last Edit: June 18, 2024, 10:48:41 am by forrestam123 »
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Re: PCN Transfer of Liability - Britannia Parking
« Reply #1 on: »

RK completed an online form to transfer the liability to ND.

Not correct. The option is to name the driver. (this is not semantics, as can be seen below liability is only transferred if conditions are met). 

The RK is only off the hook if they provide the creditor with both the name of the driver and a current address for service.

The creditor would not accept the above unless the driver responded to the creditor's correspondence. From your account the driver hasn't, therefore the RK is still in the frame. I suggest the RK chase the creditor and press them for confirmation that the NTK has been cancelled.
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Re: PCN Transfer of Liability - Britannia Parking
« Reply #2 on: »
Thanks for your message.

To clarify, the RK did give the ND's name and correspondence address when completing the transfer of liability form, but neither the RK or ND have heard back since.
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Re: PCN Transfer of Liability - Britannia Parking
« Reply #3 on: »
You miss the point.

The creditor would not cancel the NTK until they had another fish on the line.

For whatever reason - wrong part of the creditor's website used, incorrect address given, RM errors(which seem to abound in recent threads!) or whatever - the driver has not been able to acknowledge liability.

This is the RK's concern, not the driver's or the creditor's.

The RK must check with the creditor. They don't have to do anything other than to refer to their notification of the driver's name and address and ask why the creditor hasn't confirmed receipt and cancelled their NTK.
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Re: PCN Transfer of Liability - Britannia Parking
« Reply #4 on: »
Understood, and thanks for taking the time to spell it out.

As a result of your advice, the RK will chase the company to ensure they have removed the notice from their name.
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Re: PCN Transfer of Liability - Britannia Parking
« Reply #5 on: »
For clarity, the RK can remove liability from themselves by naming the driver right up until the issuing of a court claim, there is no other (short) time limit on it.

Although it is still fairly rare for the parking companies to meet the requirements of keeper liability so the RK may have had no liability to 'transfer' in the first place.
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Re: PCN Transfer of Liability - Britannia Parking
« Reply #6 on: »
Thanks @The Rookie.

And from the ND's perspective, do you think they need to do anything until they receive a notice, or just do nothing and hope they don't receive it or action it when it arrives?
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Re: PCN Transfer of Liability - Britannia Parking
« Reply #7 on: »
They can't do anything because no-one is demanding anything from them.

Until they get a demand they're a bystander.
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