Hounslow PCN for traffic offense, no option to name the driver ???

StanNS

Hello!
I know, this forum is mainly for parking offenses, but I need your help for slightly different matter. I hope someone can help me in this issue.
Recently, as register keeper, I receive a PCN from London Borough of Hounslow for alleged traffic contravention : "Failing to comply with a sign...."
I was not the driver at that time, but unfortunately in the Penalty Charge Notice they did not ask to provide who was the driver and any driver details. They just believes that register keeper is liable to pay the charge? Is that lawful??? Do Councils have the right to pursuit the register keeper without finding who the driver was? Is that not a breach of the Human rights and in breach of the Protection of Freedoms Act 2012 ???
Please help if you can. Any advice will be much appreciated.
Thank you in advance !

neilmcl

This isn't the parking forum but I'll try and answer your question. Council parking is based on the owner of the car being liable, that's just the ways it is. Note, I mention owner, as the assumption is the owner is the RK, if this is not the case here then you will have to prove that you are not the owner of the vehicle.

I suggest you have look on the pepipoo.com forums.

DoaM

Pepipoo forums is the best place for this question.

http://forums.pepipoo.com/index.php?showforum=30

Edit: SNAP!

Car_54

neilmcl wrote: »

This isn't the parking forum but I'll try and answer your question. Council parking is based on the owner of the car being liable, that's just the ways it is. Note, I mention owner, as the assumption is the owner is the RK, if this is not the case here then you will have to prove that you are not the owner of the vehicle.

I suggest you have look on the pepipoo.com forums.

Council parking is keeper- not owner-based, as laid down in the Protection of Freedoms Act 2012 section 56. Ownership is irrelevant to this query.

neilmcl

[quote=[Deleted User];71171270]Council parking is keeper- not owner-based, as laid down in the Protection of Freedoms Act 2012 section 56. Ownership is irrelevant to this query.[/QUOTE]Traffic Managment Act 2004 determines owner as RK (and vice versa) unless proved otherwise, which was the point I was making.

Rover_Driver

[quote=[Deleted User];71171270]Council parking is keeper- not owner-based, as laid down in the Protection of Freedoms Act 2012 section 56. Ownership is irrelevant to this query.[/QUOTE]

The Protection of Freedoms Act 2012 does not apply to council parking matters - sch. 4 (3) of that act.

Also, for council parking matters the owner is liable - who is presumed to be the registered keeper unless shown otherwise.

StanNS

Thanks for answers. But here the matter is not parking related, it's traffic offense. And how, for example the police is requesting the driver details for speeding or other traffic offenses and the councils allowed to not ?

neilmcl

StanNS wrote: »

Thanks for answers. But here the matter is not parking related, it's traffic offense. And how, for example the police is requesting the driver details for speeding or other traffic offenses and the councils allowed to not ?

The advice still stands - http://forums.pepipoo.com/index.php?showforum=30

Rover_Driver

StanNS wrote: »

Thanks for answers. But here the matter is not parking related, it's traffic offense. And how, for example the police is requesting the driver details for speeding or other traffic offenses and the councils allowed to not ?

It is a council traffic matter, the enforcement is treated the same as parking matters, which different to the police process.

As above, post on Pepipoo.

StanNS

Thank you. Going there now.

AdrianC

It doesn't really matter who was driving, since there's no points involved. The RK needs to pay - and it's up to them whether they get the actual driver to reimburse the money.