Napier Parking - missed 1st letter

alfrescom

Very helpful thanks. Strange wording from the DVLA that I "need to inform" them of who the driver was.

KeithP

Probably a good idea not to take legal advice from the DVLA - for a number of reasons.

alfrescom

Coupon-mad said:

As you live in Scotland, reply and say clearly that you were not the driver and as the POFA 2012 wording is not being enacted in Scotland until 2022 (and it won’t be retrospective) they have no cause of action against you as the registered keeper.  

I've had a reply from my MP's caseworker regarding this. They've said-
" I have located the Protection of Freedoms Act 2012 (Schedule 4). I cannot see anything advising this will not be enacted in Scotland until 2022. To allow me to research further, I would appreciate if you could send me a link to this please?"

Any idea anyone?!

Redx

The Transport Scotland Act 2019 from a few years ago , presumably they are waiting until the Mhclg publish the new CoP which is implemented in summer 2022 , as part of the Parking Bill 2019 by Sir Greg Knight MP , covering England and Scotland and Wales

https://forums.moneysavingexpert.com/discussion/6083283/keeper-liability-in-scotland-transport-scotland-act-2019/p1

Coupon-mad

Scotland have not enacted the POFA 2012 wording until the new statutory Code of Practice and Single Appeals Service is in place in England and Wales, due in 2022.  Scotland are then set to mirror what the position is in E&W, including keeper liability.

This is 100% the case.  It is within the Transport Act, with copycat wording from Schedule 4 of POFA, but that part is not 'live' yet.

Your MP should ask Michael Gove to confirm, or the Scottish Transport Department. 

Absolutely shocking that the DVLA are telling a keeper to throw the driver under the bus, when (even when the POFA is enacted) is NOT an obligation at all!

The POFA Impact Assessment in 2012 (weak and BPA steered as it was) stopped short of obliging keepers to name drivers to private firms.

I would be replying angrily to that DVLA email if it were me.  How dare the Government controlled DVLA mislead a registered keeper like that?  

95Rollers

I'd be inclined to report them for suspected Fraud on the grounds that I believe they are wilfully misquoting legislation and misquoting DVLA policy (also which doesn't apply)  threatening you with legal action if you don't pay their trumped up charges or face action which cannot be taken with a view to parting you with your money...

D_P_Dance

I'd be inclined to report them for suspected Fraud 

Or at least conduct likely to bring th profession into disrepute, here

https://www.sra.org.uk/ 

Umkomaas

I'd respond to the DVLA and ask under which part of the Protection of Freedoms Act 2012 (Schedule 4) gives Napier the right to recover charges from a registered keeper resident in Scotland, regardless of where the parking event took place. 

Ask them to quote you chapter and verse!

alfrescom

Hi again - thanks for everyones help so far.

I've had a response from Napier Parking to the letter I sent them, following coupon-mad s guidance.

They've thanked me for my appeal, reviewed the case, considered my comments and decided that my vehicle was parked in breach of the displayed terms and conditions.  They've checked their logs, and no payment seems to have been made either at the meter, or via phonecall service. So they are not going to cancel the "fixed charge notice".

They have reduced the "charge" to the original £60 (the previous letter was demanding £100), and stated that I have reached the end of their internal appeals process, but invite me to appeal to the IAS.

They've included images of my vehicle, with time stamps, alleging the breach of parking.

Is appealing to the IAS a waste of time, what would you guys do next?

They have completely ignored my references to me being based in Scotland, and POFA not being enforced here?

Part of me is tempted to pay the £60 just to make this go away - but it all seems grossly unfair and bullying

Coupon-mad

Ignore them. Nothing will happen.

People who pay are funding the next PCNs against less well informed victims. Don't support or sponsor this business model just for a quiet life and to avoid waste of paper debt demands.