Can the RK still name the driver after a lost POPLA appeal?

Beano456

Once notified of driver details, is there any timeframe in which a ppc should send a notice to the driver? I’m thinking that if I point out their error now they may realise they don't have a leg stand on pursuing me as RK and decide to pursue the driver, but if there is a timeframe to send a NtD I’d rather let things stew for now until that time is up.

Redx

The claimant has 6 years to pursue a driver , although in theory the PPC should restart the clock and issue an NTD at the same time

POFA deals with Keeper liability , nothing to do with drivers , the CRA may not assist and there is no current legislation , it's an unregulated industry until the new CoP arrives later this year ,vwhich won't be retrospective anyway

Coupon-mad

Beano456 said:

Once notified of driver details, is there any timeframe in which a ppc should send a notice to the driver? I’m thinking that if I point out their error now they may realise they don't have a leg stand on pursuing me as RK and decide to pursue the driver, but if there is a timeframe to send a NtD I’d rather let things stew for now until that time is up.

I thought I had given you all the tools you needed in my first reply to your first post.  There is no timeframe to issue a NTD but they can't pursue you now.  This becomes harassment if they are still willy-waving at you.  Maybe you should sarcastically ask them if they missed the legal opinion in ParkingNews that the BPA kindly published in 2020.

Beano456

Coupon-mad said:

Beano456 said:

Once notified of driver details, is there any timeframe in which a ppc should send a notice to the driver? I’m thinking that if I point out their error now they may realise they don't have a leg stand on pursuing me as RK and decide to pursue the driver, but if there is a timeframe to send a NtD I’d rather let things stew for now until that time is up.

I thought I had given you all the tools you needed in my first reply to your first post.  There is no timeframe to issue a NTD but they can't pursue you now.  This becomes harassment if they are still willy-waving at you.  Maybe you should sarcastically ask them if they missed the legal opinion in ParkingNews that the BPA kindly published in 2020.

Yes I will be referring them to that very helpful article you posted, many thanks for that. I'll get to work on an appropriate response and see what claptrap bluster they come back with. 

nosferatu1001

POint out that, shoudl they attempt a doomed court claim, you WILL counterclaim for a sum of no less than £900. 
They know you have no liability, and that they have no chance of success at court. 
THeyre also misleading a consumer. 

BrownTrout

nosferatu1001 said:

POint out that, shoudl they attempt a doomed court claim, you WILL counterclaim for a sum of no less than £900. 
They know you have no liability, and that they have no chance of success at court. 
THeyre also misleading a consumer. 

car flow work by bamboozling people and then when challenged seem to back down

Beano456

Thanks for all the help, will be interesting to see how this one pans out. In the meantine I have received another reply from them (I wasn't sure which email address to use when notifying them with driver details so sent it to both their email addresses). They seem to have taken this as an appeal.

Thank you for getting in touch with Carflow again.

You have stated you are not the driver but the registered keeper.
We acknowledge you were not the driver but are the registered keeper of this vehicle. Our Notice to Keeper is fully compliant with Schedule 4 of the Protection of Freedoms Act 2012. The following appears on our Notice to Keeper:

Protection of Freedoms Act (2012)
In accordance with Schedule 4 of the Protection of Freedoms Act 2012 (paragraph 9.2.b), the driver of the motor vehicle is required to pay the parking charge in full. As you are the registered keeper of the vehicle and we do not know the driver’s name or current postal address (“address for service”), we invite you to pay this PCN.

As we received this appeal outside the 28 day deadline for making an appeal we will not consider the appeal.

In accordance with Schedule 4 of the Protection of Freedoms Act 2012 (paragraph 9.2.f), if the parking charge has not been paid in full after 29 days from the date of issue and we do not know both the name and address for service of the driver, we have the right to recover any unpaid part of the parking charge from the registered keeper, subject to Carflow complying with the applicable conditions under Schedule 4 of the Act. The requirements for keeper liability in Schedule 4 of the Protection of Freedoms Act 2012 have now been satisfied because the parking charge has not been paid in full and we do not know both the name and address for service of the driver.

The following information is contained on our signage which informs you that your data may be processed where necessary:
As the listed vehicle was parked in breach of the Terms and Conditions of a private site, Carflow had reasonable cause to request the registered keeper details from the DVLA. If you were the driver / hirer of the vehicle (but not the registered keeper) at the time of the parking event, then your details have been provided by the registered keeper. If you believe your details have been obtained fraudulently or misused, please contact Carflow immediately. You may also choose to write to: Release of information, Fee Paying Enquiries Section, DVLA Swansea SA99 1AJ. Please include details of how the information has been misused and the vehicle registration number. The DVLA will investigate all allegations where information has been requested unlawfully and refer to the Information Commissioner for prosecution where appropriate. If you are still not satisfied, you should contact the Information Commissioner directly at: Wycliffe House, Water Lane, Wilmslow, SK9 5AF. Details on how Carflow protects your data privacy can be found at www.carflow.co.uk/privacy.

As such you have already consented to Carflow sharing your information with our solicitors, etc. Carflow are fully compliant with all aspects of GDPR. In relation to GDPR, you entered into a contract with Carflow Limited by parking in our car park and as such we are confident that we are not in breach of the legislation as we have a lawful basis of contract for processing your data as the registered keeper of a vehicle that parked in a car park that Carflow operates.

You have reached the end of our internal appeals procedure, any future correspondence you may send to us regarding this appeal will be noted but we will not respond.

You have been advised of your options in previous correspondence.

Kind regards,

Carflow Team

BrownTrout

Go back and say 
Conor how come you refuse to comment on the BPA article about keeper liability........

Beano456

For reference this is what I sent to them naming the driver:

Dear Sirs,

PCN reference:

VRM:

With reference to the above PCN notice to keeper, I inform you that as the registered keeper of the vehicle I was not the driver at the material time and provide to you below both the name of the driver and a current address for service for the driver:

name

address

Having provided you with both the name of the driver and a current address for service for the driver, I have discharged my obligations as registered keeper and trust you will act accordingly and update your records to reflect this and to delete all information pertaining to myself. I do not expect to hear from you again, except to acknowledge the above and to confirm that any liability placed upon myself as the registered keeper has been discharged and the deletion of my personal data from your records has been duly carried out in full compliance of GDPR.

Yours faithfully

BrownTrout

Send them the link from CM and say "Conor please see the article regarding keeper liability. it is quite clear i have no liability and i will defend any claim issued in the county court"