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Council PCN...who is liable??
Computersaysno
Posts: 1,252 Forumite
A council issues a 'proper' PCN [Penalty Charge Notice] [as opposed to a PPC scam/invoice].
My question is, who is liable for the charge? Is it the RK or is it the owner?
I appreciate that these are often the same person, but in the case where they are not, which one is deemed to be liable??
I ask as surely it can't be 'both/either' as that is a kind of double jeopardy?
My question is, who is liable for the charge? Is it the RK or is it the owner?
I appreciate that these are often the same person, but in the case where they are not, which one is deemed to be liable??
I ask as surely it can't be 'both/either' as that is a kind of double jeopardy?
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Comments
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Does POFA2012 (or the intent behind it) apply equally to Council PCNs? If yes then the RK is liable unless they discharge that liability by naming the driver.0
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Under The Road Traffic Act 1991, The Bus Lane Contraventions (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2005, and The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 and The Civil Enforcement of Parking Contraventions (General Provisions) ( Wales ) Regulations 2008 the person who is liable to pay any penalty issued in respect of a vehicle is its owner.
The owner is presumed to be the registered keeper unless they prove otherwise.
A registration document (V5) is not proof of ownership. The registered keeper should be the person who is actually using / keeping the vehicle and this is not necessarily the owner of the vehicle or the person who is paying for it.
He is the person responsible for the vehicle so far as official communications from the police/DVLA etc., but the owner is the person who put up the cash (or was given it as a gift).
The DVLA make a point of saying that the person named on the registration document is not necessarily the owner.0 -
POFA isn't relevant here.0
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The owner is presumed to be the registered keeper unless they prove otherwise.
Thanks for the links...really interesting read.
I couldn't see anything which supported the point above.
I can see that it's a logical argument, but I just can't find it in any of the docs you link to.
Any thoughts??0 -
My thoughts - Orford is right!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
I can't think where that statement might be but I think it sufficiently well accepted for judicial notice to be given to it.My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0 -
Thanks, I wasn't disagreeing, I was merely looking for a 'source'.0
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