We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Can the RK still name the driver after a lost POPLA appeal?
Options
Comments
-
..and I will counterclaim for harassment, breach of DPA2018 and to the sum of no less than £900
I suggest you read up on Ferguson v British Gas, the amount of money they lost, and they didnt even try a vexatious court claim.4 -
Do a combo of what BT and nos say.
BT clearly knows that the ''mind'' behind Carflow is a greedy person called Conor, so wind him up. The industry deserve it and if this lot try a court claim you can do a counterclaim.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD2 -
Conor should be very clearly backing any BPA position statement ...... after all he is a BPA 'big cheese', being the 'Chair of BPA Technology, Innovation and Research Board and BPA Director, October 2018 - July 2021'.
https://www.britishparking.co.uk/board
Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street4 -
Umkomaas said:Conor should be very clearly backing any BPA position statement ...... after all he is a BPA 'big cheese', being the 'Chair of BPA Technology, Innovation and Research Board and BPA Director, October 2018 - July 2021'.
https://www.britishparking.co.uk/board
0 -
He is also:-
"Council Representative for Parking on Private Land Operators May 2019 - May 2023"3 -
Beano456 said:Umkomaas said:Conor should be very clearly backing any BPA position statement ...... after all he is a BPA 'big cheese', being the 'Chair of BPA Technology, Innovation and Research Board and BPA Director, October 2018 - July 2021'.
https://www.britishparking.co.uk/board1 -
Dear Carflow Team (Conor)Please note that my previous email of 4th January was sent to discharge my obligations as keeper in full compliance with Schedule 4 of the Protection of Freedoms Act 2012. You appear to have taken this to be my appeal and refused it on the basis that the information was received outside of a 28 day deadline.Although you quote sections of the PoFA (in particular paragraph 9.2.f) and claim this satisfies the requirements for keeper liability, I would respectfully point out that you are very much mistaken in your interpretation and/or understanding of the PoFA for the reasons I will outline below, which will form the basis of any claim or defence should you continue to pursue me.The right to claim unpaid parking charges from the keeper of the vehicle under POFA 2012 Schedule 4 is not about sending out invoices and debt collector letters, anyone with no legal rights can do that, it is about having the legal right to pursue the keeper through the courts.The right under POFA schedule 4 para 4 only applies if the conditions specified in paragraphs 5, 6,11 and 12 (so far as applicable) are met.
Paragraph 5 clearly states that the first condition is that the creditor:
1(a) has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charge but
1(b) is unable to take steps to enforce that requirement against the driver because the creditor does not know the both the name of the driver and a current address for service for the driver.
5(2) states:
Sub-paragraph 1(b) ceases to apply if (at anytime after the end of the period of 28 beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid charges from the keeper.Therefore, up to the commencement of proceedings the right to pursue the keeper ceases to exist if the creditor is able to take steps to enforce against the driver irrespective of how much time has passed since the notice to keeper was given.
Carflow Ltd has not begun proceedings in the court to recover the unpaid charges against me, the keeper, (sending out invoices and debt collection letters does not equate to having begun proceedings) and 5(1)(b) no longer applies because I have given you both the name of the driver and a current address for service for the driver.
Therefore Condition 1 is not met and Carflow Ltd have no right to continue to pursue me.
Should you wish to seek clarification on this, I respectfully direct you to your trade organisations BPA website, where you can view the article written by Andrew Morgan, parking team leader at SCS Law, who succinctly clarifies this situation – a link to the article can be found here:In particular:“…notwithstanding the time limit imposed on the keeper by paragraphs 8(2)(f) and 9(2)(f), this right is taken away if the parking company is provided with the driver’s details before it “begins proceedings…”
I have been very fair with you and provided you at this early stage with sound legal argument that I believe will satisfy any court, should you choose to continue this. I would propose we both knock this on the head here and now and move on – please let me know if you agree to this.
Kind regards,The 28 days that they allowed for payment following the popla decision is up on the 13th Jan. I'll see if they respond to the above and if they continue pursuing me I'll escalate complaints.
As Conor is a bigwig in both Carflow & the BPA, surely it can’t be right that he in his role with the BPA agree and allow the correct interpretation of the pofa to be published, but having a different interpretation of the law in his role at Carflow should you become a victim of his own parking outfit! Seems to be a conflict of interests.
1 -
Its almost like they are a parasite industry that does the bare minimum to not be sued into oblivion.
They have zero honour or integrity. They are pure parasites, the sooner they are eradicated, teh better,2 -
Lets see what the delightful conor comes back with2
-
BrownTrout said:Lets see what the delightful conor comes back with0
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 350.9K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 598.8K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards