Parking Notice for not displaying permit

Shish63

My wife uses my car and have been parking at work place for years. UKPC have provided her with a permit. Names of permenant staff and reg no. were provided to UKPC to obtain the permit. In Aug my wife left the permit on the center consol after cleaning the car and so was not displayed on the dashboard. UKPC got my name from DVLA and sent me £100 charge. Unfortunately, I was away and only saw it when I got back, so it was over 28 days before I/we could respond. I passed the notice to my wife who wrote to UKPC with a copy of the permit.

UKPC have not transfered the fine to my wife are persuing the claim against me because I did not inform them of the driver's name/address within 28 days. They are saying:

"Please be advised we have reviewed the parking charge and confirm it has been issued correctly for not displaying a permit. We have also checked our systems and this registration is not registered for this site."

Can they still claim agaist me the keeper of the car? Doesn't applying for a permit and issuingng a permit means UKPC should have had the details of the driver, in this case my wife? Can this be a defence in case this goes to court, which it will as I had letters from ZZPS and now GCTT.

Coupon-mad

Yep you'll win.

KeithP

You are doing this all wrong.
It is your responsibility as the registered keeper of the vehicle to transfer any liability to the driver.
Your wife, a stranger as far as the parking company are concerned, cannot just 'take over' the issue.

They sent a Notice to Keeper to you.
Your wife then wrote to them.
You are the keeper of the car. You are the recipient of the Notice to Keeper.
It is your responsibility to transfer any liability to the driver. You didn't do that.

Are you based in Scotland?

Coupon-mad

And only transfer liability if you are not in Scotland AND if your wife would cope better than you with the debt demands and court claim.

If you are the more robust person then don't transfer liability.

Shish63

Thanks for responding. I am in England. Actually they did respond saying exactly that they need authorisation from the keeper, so I gave them the authorisation.

If I have to pay it's not a big problem, but I don't think they have been reasonable, because this is a space behind the pharmacy where my wife works (for years). UKPC entered only 4 years ago. At the time the staff wrote to UKPC (on their request) giving their names, address and car reg no. to obtained parking permits. In the time between received the permit my wife and others kept getting tickets. As it happens, my wife re-calls, the PCN was sent directly to and on my wife's name. So, UKPC knew the drivers of the car. The area manage had also provided names/address of the pahrmacy and reg no. of permenant staff. There are 4 or 5 staff members willing to write a statement to that effect.

This time as the car got cleaned (doesn't happen that ofter), the permit was left on the center consol and not on the dashboard. Since 28 days have passed and I was late in passing driver details, they are caliming it from me the keeper.

The company obtained my (keeper) details from DVLA. I am looking for a defence if it does go to court. According to "Protection of Freedom Act sec 4 9(e) must state creditor does not know both the name of the driver and a current address for service" to obtain keepers details from DVLA. 

Question is:

By providing all the details to obtain a parking permit a defence
Also receiving a previous PCN on HER name some years ago,

proof enough that UKPC knew the drivers details and hence obtained my name from DVLA was against section 4?

Half_way

if there was a pre existing right to park, then why would you think about paying a third party, or even getting permission form a third party to do something that you already could?

stop thinking that you may have to pay, and start thinking who the heck do these un regulated parking companies think they are?

Umkomaas

If the pharmacy contracted UKPC, then why aren't they telling them to cancel the charge against a member of their staff who is authorised and has every right to park their car on the car park (with or without a permit!). Jog on UKPC!

Shish63

Thanks guys for the feedback. I know and that's why my wife and the staff are quite angry. Many bin these PCNs and some have agreed to pay smaller amount, like the previous PCN my wife was asked to pay £30.00, she refused and nothing happened. 

Pre-existing right...ammm...is there a law for it. This place has the pharmacy and few other shops and at the back is parking. To stop other people using it someone, may be shopper, who ever owns the place I suppose, contracted UKPC. To staff they gave permits. But now if it's not on the dashboard they get a PCN. On this occassion UKPC got my name and since I was away on business and late in responding, I got the PCN. So now I am not sure where I stand because according to   "Protection of Freedom Act sec 4" I am liable.(28 days clause). Pharmacy manages have spoken to them in the past but nothing came of it, in fact when my wife and her staff was giving Covid jabs, they were giving tickes outside the pharmacy. One of there temp staff and a manage got a ticket when they were there supporting the jabs. It is unbeliveable.

Coupon-mad

You won't be paying.  If the demands are coming to you and you are the more robust person to see this off, then do nothing.

Come back at court claim stage.

1505grandad

Just interested  -  how many spaces involved in this car park approx.?

Shish63

I am not sure as I have never seen it but I think its only a small square with a few shops.