I am the keeper. Do I name the driver?

onthespotreporter

Do I give Gladstones the name of the driver?

ES Parking is not a BPA AOS member so POPLA won’t apply? (I looked at this link https://forums.moneysavingexpert.com/discussion/comment/71287626#Comment_71287626)

I denied liability and denied I was the driver. Here is the request from Gladstones “Thank you for your correspondence and we apologise for the delay in response. We note your comments and request that you send the details of the driver at the time of the contravention, if we do not receive this information our client reserves the right to pursue you as the registered keeper under the Protections of Freedoms Act. schedule 4. Please do this by 30/05/2022, without this you remain liable for the full outstanding sum.”

I read Slithy Tove’s advice “By providing the name and address of the driver, they will now know who to chase. HOWEVER, this is just one small step for them. In a court, they would still have to demonstrate that they are owed the amount they claim. Again, so many PPCs are not capable of getting the signage, contracts, notices, even company name correct, that they have very little case, and can be beaten in court or even on appeal (to POPLA, though IPC will always side with the PPC).

What is often recommended is that you still refuse to name the driver, but appeal as the Keeper. That is your other half was temporarily the Keeper of the car (not the Registered Keeper - POFA is clear it is not the Registered Keeper, but the Keeper who can be held responsible). That way, he gets all the junk mail, but they still need to conform to POFA in order to pursue him.”, but am still not sure whether to name the actual driver or not.

Le_Kirk

There is nothing in law that requires you to name the driver.  If it was you, then it is best to be truthful; what would you say to a judge if he asks you at any hearing "were you driving on the day in question?"

diystarter7

To save the stress etc, just name the other person and let them deal with it. It is your car, you lent it in good faith and now you are put on the spot.

Umkomaas

If the parking company's Notice to Keeper is compliant with the Protection of Freedoms Act 2012 (Schedule 4), it's rather immaterial whether the driver is named or not. If not, the keeper is liable (provide all other conditions as per Slithy Tove's list above are met). 

patient_dream

As Umkomaas says, it's rather immaterial 
Be it the driver or keeper the end result would be the same. Either you win or they win.

Was their reply because you responded to a "letter before claim" or just a chase up letter.   How much are they claiming from you

I trust you are aware that Gladstones invented the mega scam ... THE IPC/IAS

Jenni_D

Are the NTKs from ES Parking usually POFA-compliant?

Umkomaas

Jenni_D said:

Are the NTKs from ES Parking usually POFA-compliant?

Don't see much of ES Parking so often these days, so unlike some of the more usual suspects, off the top of my head, I can't categorically recall. But I think most IPC outfits have been given the correct PoFA words to use in their NtKs (even if they don't understand them) by little Willy.

Jenni_D

True - but it's not simply the wording that matters, there are other factors. (As @bargepole has noticed in the PE/Lidl thread today).  

Coupon-mad

I tend to go with 'who would be better at coping with the court claim?'  This is particularly true if the keeper is vulnerable or a shyer type of person, or who is already wobbling and might fall for the scam and pay to make it go away.

If any of the above s true, transfer liability. That means giving the driver's full name and postal address.

onthespotreporter

Thank you for your responses, they are much appreciated. 

The person driving doesn't want me having any hassle and they are happy for me to name them.

If there is any mileage in me uploading a redacted copy of the NTK with all personal details removed to assess if it is compliant or not please let me know. If it is not compliant does it help us win? 

I have had a Letter Before Claim for an estimated £300. I responded to that using the advice on this forum and they emailed asking for the driver's name.

Umkomaas

If it is not compliant does it help us win? 

If the driver is going to be identified, the NtK (PoFA compliant or not) is irrelevant. It is only relevant if they were chasing the keeper on the basis that the driver's identity has not been provided to them. 

You can post up a redacted copy if you wish. Both sides please, leave any dates on it still showing.