Author Topic: Smart Parking - PCN - Northern Ireland  (Read 596 times)

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Smart Parking - PCN - Northern Ireland
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I am looking for advice re a PCN received in Northern Ireland.

Initial correspondence issued in Dec 24 and due to there being no Keeper liability in NI, this was ignored. Further correspondence received, followed by debt collector letter all of which have been ignored and no interaction undertaken.

Today a text message with a link to a letter was received to my wife's mobile from QDRS solicitors detailing that they have been instructed to recover the debt.

I contacted consumer council northern ireland (CCNI") as I wasn't sure if I should make contact asking them to provide the necessary evidence to prove the PCN has been issued to the driver and not the registered keeper. 

CCNI informed me about the development in the British Parking Association's Code of Practice which all parking operators must follow. The new Code of Practice, introduced in the summer of 2024 states the following:

"It is the driver that is liable for the parking charge. NOTE: The driver is often the same person as the keeper and/or the hirer. Where a keeper or hirer fails or refuses to provide the name and serviceable address of the driver when requested to, it may be assumed they are the driver, based on that failure or refusal."

The CCNI advised that they have seen several parking operators dismissing their appeal's letter and advising they will pursue the PCN against the keeper as it is assumed they were the driver unless proven otherwise. CCNI told me they have sought legal clarification on this and been advised that the law in Northern Ireland has not changed but they can't advise me on what to do. My options are to continue to ignore and hope no Court action is taken or pay the PCN.

Given the update to Code of Practice, can anyone advise on what to do in this situation?

Thanks

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Re: Smart Parking - PCN - Northern Ireland
« Reply #1 on: »
There is no keeper liability in Northern Ireland.
The code of practice, https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf, has nothing to do with the law.
Assumption that the driver is the keeper is just that, there is no legal basis for the assumption.
CCNI is useless, but no surprise there. The parking company can state what they like, but it doesn’t make it fact.

Re: Smart Parking - PCN - Northern Ireland
« Reply #2 on: »
Until the law changes, there is no Keeper liability in NI.

The burden of proof is on the operator to prove their claim. There is no burden of proof for you to "prove otherwise" anything.

They rely on you being low-hanging fruit on the gullible tree who will pay up out of ignorance and fear.

Continue to ignore. Nothing will happen.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain