PCN Notice from ParkingEye on Motability Vehicle

eddyinfreehold

Straightforward set of circumstances. I am registered keeper of Wheelchair Assisted Vehicle carrying my adult daughter and driven by one of her personal carers. Parked up. Went bowling. Displayed Blue Badge and clock correctly assuming Blue Badge = No ticket needed . Not so. Tariffs as for anyone else.  As the registered keeper I am landed with the problem now. I don't own the vehicle, my daughter pays from her higher level Disability Living Allowance and leases it from Motability who are the owners, or keepers and have a legal charge on it if the payments stop. I don't know the address of the carer/driver nor her full name. Also I think it would be unethical for me to pass on the details to a third party who is not the police or courts surely.

I have read all the FAQs, excellent, thank you. MSE Gold.

Am I right in thinking that as I do not consider myself the keeper, merely the RK, and I can be invited but not legally forced to divulge the driver details, that I can then wash my hands of this business by pointing out the basics above and refusing to inform them of the drivers details?

Thanks for any input. I couldn't see any case study that matches this issue. You bump into this stuff all the time with disability issues. If it was me at fault I would just fume and cough up but it isn't.

Redx

No you cannot wash your hands of it , covid advice does not apply !!😭😭

If Parking Eye complied with POFA from 2012 then you as keeper are liable

This has nothing to do with motability and the blue booklet tells all of you that the blue badge doesn't have authority on private property so the signage must be followed , including any payments for parking

Plan A is the best option here for you , especially if Parking Eye complied with POFA

POFA made you liable 8 years ago, if the PPC complied

eddyinfreehold

Thanks Redex.

The way I read Schedule 4, Section 2 of POFA, extract below, was that they might presume I am the keeper because I am the registered keeper BUT my defence is that I can easily prove to the contrary I am NOT the keeper....

 [["keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper; ]]

edit...All the Blue Badge stuff is irrelevant I agree. That is not my point. I'm well aware of Blue Badge rules. They are very strict these days.

Redx

Then feel free to argue your case to Parking Eye , to Popla and to a judge in Court

They posted the NTK to you at your address for a good reason, if you are listed as keeper or defacto keeper

My opinion is that you are liable under POFA if Parking Eye complied with POFA ?

There is no washing of hands here

eddyinfreehold

But I'm not the keeper, Motability are. I don't have the log book. They do ... in a warehouse with every other Motability V5C in the country.

KeithP

eddyinfreehold said:

But I'm not the keeper, Motability are. I don't have the log book. They do ... in a warehouse with every other Motability V5C in the country.

But it is your name and address on the vehicle's Registration Document.
You are therefore, the Registered Keeper.

You have read POFA, and quoted -

"keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;

Note those words "unless the contrary is proved".
You have not proved 'the contrary'.

You, or your daughter, are the keeper as defined in POFA.
If you were to nominate Motability as the keeper, they would simply transfer liability to either you or your daughter as hirer or lessee of the vehicle.

Redx

As above

Motability kept my V5C but all official paperwork came to me in my name

Motability are the owner , if you signed the documents then you are keeper

A registered keeper can name a keeper or a driver if they wish

Potato , potatoe , tomato , tomatoe

Popla and a judge will decide that you are the keeper , you haven't said if the NTK complied with POFA yet

Nor have you mentioned a landowner complaint either

Ralph-y

Where did this take place ? you would spend better time trying to use plan A 
before any POPLA appeal
complain to the bowling centre or get them to tell you who owns the land.

Ralph

eddyinfreehold

The NTK complies to the letter. No defence there.

The landowner complaint I know nothing about.

The Law is an Ar8e

I will drag it out for the fun of it and see if they go away.

KeithP

That's ok. You're welcome.

Redx

Parking Eye do not go away

They took Barry Beavis to 3 courts including the Supreme court

Yours is a much easier win for them , POFA your honour is a simple claim to make , no payment was made by the occupants of the vehicle , your problem , they are caught speeding your problem , they enter a bus lane , your problem !!

The Court case will cost you approximately £175

This responsibility is what you signed up to