Leaving a car park

Bambi1701

Hi , I’ve just joined and read through some threads , A family member(who works for me ) parked at a retail park in Chesterfield, went to the loo over in the bus station and then returned to go shopping, 5 days later I’ve got a letter of notice to company secretary for the driver of the vehicle , £60 fine if paid by the 17th feb for leaving the car park , they are asking for the drivers name , under data protection am I allowed to give the name or is this worth them fighting ? Thank you for your time 

Bambi1701

Apparently it is a free to park car park for 3 hours 

emmajones1976

Assume someone has witnessed the driver leaving the site..

No, you never name the driver at this point. Someone else will be along with more info soon.

Le_Kirk

Get the family member to complain bitterly to the retail park (probably the managing agent) that the PPC has prevented you EVER returning to spend money in their shops unless they can have this PCN cancelled.  Neither you nor your friends or family can afford to shop there again if every trip comes with a £100 surcharge.

Bambi1701

ive contacted Next and Costa as we have receipts for these places but they say that they are powerless and advised contacting the land management company , I’ve done that as well and am awaiting a call back , it really is a bit rough that they “went to spend a penny “ and now have a bill for £60 or £100 if they pay it , but it says that they come after the company as the van keeper if I don’t give them the drivers name 

Fruitcake

If the registered keeper is a company, then the company is liable unless and until they transfer liability to the day to day keeper.
The registered keeper can either appeal as per one of the edna basher letters in the NEWBIES, or they can transfer liability to the day to day keeper using the tear off form on the bottom of the NTK.
This has been the law since 2012.

Note that the day to day keeper is the person who was in charge of the car at the time. On no account should anyone be telling the PPC the driver's identity. There is no requirement in law to do this.

D_P_Dance

Claimants often experience difficult in these circumstances   Often it is an  unfair term in a consumer contract under CRA 2015, and it may even be a breach of one's human rights under The Human Rights  Act.   IMO they would be foolish to take this to court.    Have you complained to your MP?

Umkomaas

Which parking firm?  Have they supplied any photos of the driver leaving the site? You might have to check on their website. 

'Leaving the site' is the most difficult of all parking charges for a parking firm to pursue, so don't knee jerk into precipitate action. 

BrownTrout

This is so easy to win.
Its UKCPS riverside retail park
Do your appeal to UKCPS as the "driver" (yes you heard me right - put your name) state you never left site and ukcps will decline the appeal. Peoples advice not to name the driver on this occasion is not correct and its one of the occasions you do and you will win
You then appeal to the IAS but before you come back here and you will win(yes even at IAS)
UKCPS can never prove it when you deny leaving site and is one the few winning ones at the IAS
Follow my guidiance and do not go on some tangent

Bambi1701

thank you Brown trout , are you 100% that I as the company owner will not just be passing this on to myself , if I say it was me driving, I don’t want to have to pay someone else’s fine ?     So I say it was me and I didn’t leave the site and ask for an appeals number to apply to ias to get it quashed 

The_Slithy_Tove

Fruitcake said:

If the registered keeper is a company, then the company is liable unless and until they transfer liability to the day to day keeper.

Only if the notice is compliant with POFA 2012. Many are not. It won't stop the company from paying up and recharging the hirer, though. That's the lazy way they work.