Being harassed after naming the driver.

In England and Wales the Registered Keeper can be held liable for a parking charged allegedly agreed by the driver under the 'Keeper Liability' rules. A keeper can name the driver at any time up to legal action being started to remove this liability. Since this can restart the appeals process, the parking companies will deny this option exists and will continue to harass the Keeper after the driver's name is known. But what does the legislation say:

Government Guidance says:

Schedule 4 of the Protection of Freedoms Act addresses this situation. It
allows, providing certain conditions are met, the landholder to pursue the
registered keeper of a vehicle for unpaid parking charges if the registered
keeper refuses or is unable to identify the driver at the time the parking
charge was incurred. This is often referred to as “keeper liability”.
However the registered keeper cannot be liable for any unpaid parking
charges if he or she identifies the driver of the vehicle at the time the
parking charge was incurred.

 

Schedule 4 of the Protection of Freedoms Act says:

Conditions that must be met for purposes of paragraph 4

5(1)The first condition is that the creditor—

(a) has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b) is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

Proceedings to recover means court proceedings though they will claim otherwise.

 

Our Advice

1. The Registered Keeper should contact the Parking company and tell them they have provided the name of the driver and as such there is no liability. Continued contact will be referred to the DVLA's Audit team for further investigation. Get proof of posting or emailing. 

2. Complain both to the parking company's Trade Association and your local Trading Standards office about aggressive and misleading business practices.

3. Keep all paperwork in the event, that they ignore you, the Trade Association and the DVLA and proceed to issue a claim.

 

 

 

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