Is driver still liable when Parking Notice was delayed?

js_jasmine99

OK - I have attempted to search for this everywhere, but I can't find anything relevant.

I received a Parking Charge Notice from Excel Parking through the post 31 days after my 'parking offence'. It was attached to a Notice to Keeper/Driver. Unfortunately, as I was in total ignorance at the time, I admitted that I was the driver at the time of the offence.

Every reference I have found refers solely to Keeper liability; i.e. that the Notice to Keeper must be served within 14 days. However, I remain completely in the dark as to where I stand with reference to this (section 6.2 of the POFA), as I admitted being the driver. I took the matter up with DVLA as I was annoyed about them handing over my details after 14 days, but they have stated that Excel have done nothing wrong; however, without explaining why.

The current situation is that I appealed, citing section 6.2 of the act, and Excel have maintained their stance - offering me an extension on the reduced rate until April 4th.

Any help here would be greatly appreciated! Does the fact that I received both the Parking Charge Notice and Notice to Keeper/Driver after 31 days mean that Excel were out of time for issue,or not, bearing in mind that they know I was driving?

pappa_golf

excel will be using ANPR technology , if so a notice has to reach you before day 14


unless there was a ticket ON the car , in which they cannot access your info for 28 days and have to write to you beteen day 29 and 56 after the event


was there a ticket on the car

Coupon-mad

No, not ANPR. Sounds like Excel stapled the PCN (never served) to the first Notice? I think they did that a few times a couple of years ago and used to lose POPLA appeals over it. I remember those cases quite well, VCS tried it too. Sending out a PCN so late wasn't compliant with the POFA but your rushed appeal threw that out of the window.

Is driver still liable when Parking Notice was delayed?

Yes, the driver is (potentially) liable but the keeper wouldn't have been! Shame you admitted who was driving and you're best now keeping a low profile. Same as it would have been anyway, because there was no appeal worth trying even if you had tried IAS stage. Ignore the debt collector letters like everyone does. You are only worse off than you would have been by admtting who was driving, you would still have been pursued by debt collector letters either way so nothing has changed.

Come back if selected for a LBCCC or court papers.

js_jasmine99

Pappa Golf and Coupon-mad,

Thanks for your replies.

No, there was no ticket on the car. The notice claimed I drove off, although I (and my passenger) was sure that there was no attendant in the car park. It was past eight o'clock at night outside a closed supermarket I had never been to before, and I was therefore unfamiliar with the car park. It did not even occur to me that parking charges would be in force at that time of night! In any case, the car park was otherwise empty, so I think I would have noticed an attendant.

Just to be clear in case of confusion, Excel did not know I was driving until the appeal stage; i.e. they did not issue the parking charge notice to me separately to the Notice to Keeper/Driver, which is dated 22nd January. The incident occurred on December 22nd and I received the PCN stapled to the Notice to Keeper/Driver on January 24th.

Coupon-mad

See you if they up the ante then!

pappa_golf

photographic evidence?

js_jasmine99

They claim to have photographic evidence, but I have not seen it. The problem there is that I have already admitted I was the driver...

Coupon-mad

So do lots of people.

Yet Excel are not prolific with claims. Come back if that happens but most people just get the debt collector drivel we have ignored for a decade.

js_jasmine99

Pappa Golf,

Just for further clarification, are you saying that Excel needed to have notified me within the 14 days for their ticket to be valid, even though I subsequently admitted to being the driver? If so, can you point me towards any written legislation with particular reference to driver liability?

pappa_golf

CM will give you more info , but basicly as you have admitted to being the driver POFa etc go out of the window


it would have been nice to see the photographic evidence , a shaking spluttering warden with a Kodak brownie , or indeed ANPR pictures , which would have ruined the stapled NTK

Coupon-mad

js_jasmine99 wrote: »

Pappa Golf,

Just for further clarification, are you saying that Excel needed to have notified me within the 14 days for their ticket to be valid, even though I subsequently admitted to being the driver? If so, can you point me towards any written legislation with particular reference to driver liability?

It's too late. You blew that legislation out of your argument (you could have used that legislation, the POFA schedule 4, as keeper). A driver cannot. However there was NEVER an appeal worth trying anyway so even if you'd known, you would still not have got this cancelled by now.

Relax and ignore them unless you get a LBCCC or court papers.