Received Final letter before County Court from BW Legal

zombie_trick

In Apr 2019, my car was parked in Willen Lake, Milton Keynes (Napier Parking). Another legal driver (I am the registered keeper of car) and I was as a fellow passenger. Although, he/she did pay for parking in change/cash, we have still received a PCN. Blame ANPR and parking machine synchronization and the reason seems fairly obvious
https://www.miltonkeynes.co.uk/news/traffic-and-travel/have-you-received-unfair-parking-ticket-willen-lake-milton-keynes-939984
We didn't know that such scenario will occur, so didn't keep proof of parking ticket. After few days, I started to receive letters in my name (NTK) but I ignored as I was confident that we had taken ticket and therefore it appeared fake fine.
Now that its from BW Legal, I would like to notify by email to Napier Parking as well as BMW Legal based upon following newbies thread:
https://forums.moneysavingexpert.com/discussion/comment/71287626#Comment_71287626
"In cases with a keeper appellant, yet no POFA 'keeper liability' to rely upon, POPLA must first consider whether they are confident that the Assessor knows who the driver is, based on the evidence received. No presumption can be made about liability whatsoever. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured. There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person."
My queries are:
- Is the above argument still valid as it was last edited in April 2018. Or there are any amendments to the legislation regarding keeper liability when not a driver?
- Even though I wasn't driving, I was still in the car. Would that make registered keeper responsible to make sure parking ticket is bought and displayed?
Much appreciated for reading through this and your very kind response.

Le_Kirk

The driver is responsible.  If you want to be absolutely certain of the validity of such statements, you can read the POFA yourself and see it is still a valid comment: -
https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Redx

As above , if Napier complied with POFA then you as RK can be held responsible for the PCN , doesn't matter if you were an occupant of the vehicle or not , if they failed to comply with POFA then you are not deemed to be liable

The driver is always deemed responsible and possibly liable too , nothing to do with POFA. You can name the driver any time up until a Court claim is issued !! You even did so in your post above and these companies do read this forum !!!

Pofa has not been amended , so read that link

In future , ALWAYS keep the paid for ticket as proof of purchase for at least 6 months , it's your receipt !!

Read this from mse 3 years ago

https://www.moneysavingexpert.com/team-blog/2017/05/throwing-pay-display-ticket-away-use-cost-100/

Coupon-mad

 

AS WELL AS FIGHTING THIS IN COURT WHEN YOU GET THE CLAIM FORM, PLEASE CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1