Drove partner's car to work car park, numberplate didn't update in system, NTKs to wrong address

pould

One thought - the NTKs have the sums going from £40 to £70 to £90. Do the signs on site mention these three sums and how and when they will be applied? If not the NTKs are in breach of the FOPA which says that the charges must be clearly displayed and explained and ONLY those charges sought from the liable person.

If any of those values are missing from the signs then this is a slam dunk Abuse of Process win for either the Keeper or the Driver at court.

shgtsk

Thanks Umkomaas and everyone else for your comments. I've removed the pictures of the NtK.

Regarding your second paragraph, on the NtK is a form for "notification of driver details" but I worry about this going missing in the post, would you recommend emailing them instead - as seems to be the general advice in the newbies thread rather than posting things?

shgtsk

pould said:

One thought - the NTKs have the sums going from £40 to £70 to £90. Do the signs on site mention these three sums and how and when they will be applied? If not the NTKs are in breach of the FOPA which says that the charges must be clearly displayed and explained and ONLY those charges sought from the liable person.

If any of those values are missing from the signs then this is a slam dunk Abuse of Process win for either the Keeper or the Driver at court.

I'll confirm either way!

pould

shgtsk said:

pould said:

One thought - the NTKs have the sums going from £40 to £70 to £90. Do the signs on site mention these three sums and how and when they will be applied? If not the NTKs are in breach of the FOPA which says that the charges must be clearly displayed and explained and ONLY those charges sought from the liable person.

If any of those values are missing from the signs then this is a slam dunk Abuse of Process win for either the Keeper or the Driver at court.

I'll confirm either way!

Super - snap the signage when you're in work on Tuesday and post it here.

Umkomaas

Just hold off on transferring liability for the moment (don't worry about Tito's 'legal department'), get the photos sorted and let's see what we can still do in the context of PoFA. 

Le_Kirk

Ralph-y said:

the OP was not the keeper. .... 

OP please wait for further comment as to POFA compliance.

Before even considering re setting the clock by naming the driver. 

Maybe this confused me!  OP, who is the keeper, you or someone else.  If you are not the keeper, why have you received a NTK?

shgtsk said:
I have received an NTK from Total Parking Solutions

shgtsk

Le_Kirk said:

Ralph-y said:

the OP was not the keeper. .... 

OP please wait for further comment as to POFA compliance.

Before even considering re setting the clock by naming the driver. 

Maybe this confused me!  OP, who is the keeper, you or someone else.  If you are not the keeper, why have you received a NTK?

shgtsk said:
I have received an NTK from Total Parking Solutions

Apologies, I’ll edit my post.

shgtsk

Le_Kirk said:

Ralph-y said:

the OP was not the keeper. .... 

OP please wait for further comment as to POFA compliance.

Before even considering re setting the clock by naming the driver. 

Maybe this confused me!  OP, who is the keeper, you or someone else.  If you are not the keeper, why have you received a NTK?

shgtsk said:
I have received an NTK from Total Parking Solutions

To be absolutely clear, my partner received the NTK in the post as the registered keeper but I was the driver and they were not in the car. They then gave me the NTK (and final reminder etc) to deal with as I had parked the car.

Le_Kirk

Thanks for clarifying that, it is for your partner to deal then, unless you are dobbed in as driver.  As has been posted above, check out the POFA issue first.

Coupon-mad

shgtsk said:

Thanks. Make sure that TPS have the correct address. Do you think I should contact them telling them I was the keeper on that date and give them my address?

I'm pretty sure they've updated all the signage now but I'll check!

If the keeper will not get involved, the keeper MUST just do the following:

He write (emails) mentioning his name and the OLD address (as if he still lives there) giving your name and address as the driver at (correct address) and tells TPS that thy must now transfer liability and erase his name and address and send a PCN to you.

Then you come here when you get a letter/PCN or whatever comes, and we'll help you respond and handle it, and the keeper will be out of the equation, as will the old address.

NOT YOU EMAILING.  The keeper must transfer liability to you.

There are times when the driver should be named and this is one such case.