Free Traffic Legal Advice

Your lease company need to name you as the hirer of the vehicle, if they're the ones named on the notice then it's not for you to deal with.

Confirm with them that they have named you as the hirer and then you should receive a notice in your own name, which we can support you to challenge.

Quote from: zed007 on March 05, 2025, 04:02:37 pm

Hi, yes you are right the lease company did instruct the parking company that I am the hirer.

Is what you have show us addressed to you or the lease company? How was it sent to you? By post or as an attachment in an email?

There is no way that the "incident date" and the issue date of a Notice to Keeper (NtK) or a Notice to Hirer (NtH) can be the same date. What we have here is evidence of unlawful behaviour from a company we already know are in criminal breach of The Companies (Trading Disclosures) Regulations 2008, regulation 10.

They are mendaciously claiming that on Monday 3rd March, just two days ago, they recorded the alleged breach of contract, requested the Keepers details from the DVLA and received them on the same date (an impossibility), sent an NtK to the hire/lease company, who then informed them of the Hirers details and they then sent an NtK to the Hirer in the Hirers name and this was received today, Wednesday 5th March.

The DVLA take at least 24 hours to process a Keeper data request.

First things first... Is what you have shown us, the NtK, in your name or the lease/hire company's name? Unless you receive an NtH in your name, there is nothing you can do to appeal it. You are in the centre of a scam and you should inform the lease company of the same.

Subject: Urgent Query – Premier Park Ltd Issued a Notice to Keeper on the Same Day as the Alleged Contravention

Dear BPA Compliance Team,

I am writing to formally raise an urgent query regarding a serious procedural anomaly in a Notice to Keeper (NtK) issued by BPA-approved operator Premier Park Ltd.

I am the Hirer of the vehicle in question. I have received a copy of the NtK from the lease company, which has transferred liability to me as the hirer, although I have not yet received a Notice to Hirer (NtH).

The alleged contravention took place on 3rd March 2025, and Premier Park Ltd issued the NtK on the same day (3rd March 2025). However, what makes this particularly alarming is that the NtK contains timestamped photos taken by Premier Park Ltd’s enforcement attendant, also dated 3rd March 2025.

As you are aware, for an operator to issue an NtK, they must first obtain the registered keeper’s details from the DVLA via a KADOE request. Given that this process takes at least 24 hours, it is procedurally impossible for Premier Park Ltd to have:

• Recorded the alleged contravention.
• Submitted a request to the DVLA for the registered keeper’s details.
• Received a response from the DVLA.
• Processed and issued the NtK on the same day as the contravention.

Since the timestamped photos on the NtK match the issue date, Premier Park Ltd could not have obtained DVLA data before issuing the NtK. This strongly suggests they have either:

• Issued the NtK without making a legitimate request to the DVLA (a breach of the BPA Code of Practice, the DVLA’s KADOE contract, and potentially GDPR).
• Used previously obtained keeper data inappropriately, which is strictly prohibited.
• Falsely represented that the NtK was validly issued, which may constitute fraudulent misrepresentation.

I wish to make it clear that I will not be engaging in a formal complaint process with Premier Park Ltd. I have zero faith in a company that is quite obviously operating in a fraudulent manner, and I fully intend to report them to the police for suspected fraudulent activity, as well as to the DVLA and ICO for data protection breaches.

However, before proceeding, I would like the BPA’s formal position on this matter. Specifically:

1. Does the BPA believe it is possible for an operator to issue an NtK on the same day as an alleged contravention, given the requirement to obtain DVLA data first?
2. Would such an issuance be compliant with BPA rules and the DVLA’s KADOE contract?
3. What action will the BPA take if an operator is found to have unlawfully processed personal data in this way?

For reference, I have attached a copy of the NtK, which clearly shows the issue date and timestamped photos taken by the Premier Park Ltd operative.

Given the serious implications of this matter, I would appreciate a prompt response.

Yours sincerely,

[Your Name]
[Your Contact Information]

Attachment: Copy of the Premier Park Ltd NtK