CPM Parking Charge Notice - Do I have to identify the driver?

Coupon-mad

Arteh97 said:

Please could someone explain to me how it is that I can name the driver and get from under it, when the notice & pofa states that I can be held liable if I do not provide them with the driver details by 28 days? 

The POFA 2012 does not say that.

Would I be contacting the parking company and telling them who the driver is at a later date?

Yes, if the driver is better placed to handle a court claim than you would be. If not: NO.

Manc1997

Thank you for your advice, I thought that this part of it is the evidence for the fact that the keeper may be held liable, but I must be mistaken:

(d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is—

(i)specified in the notice to keeper, and

(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

Basically, both myself and the driver feel that it would be best for me to name him as the driver, allowing for him to take advantage of the discount provided (£60). He does not believe that he will be able to defend himself in court, as the signage is quite clearly visible and non-paying residents cannot enter the gate unless they follow a paying resident into the car park. We plan to do this at the end of the month (as he feels he is better placed to pay all 3 charges at that time rather than right now).

Does this sound like a good plan?

Manc1997

I have gone onto the CPM transfer page and filled out the form so that my partner can take advantage of the discount for the charges. Should the parking company continue to send me letters along with whatever debt recovery letters, what should I do?

Coupon-mad

Defend any court claim based on the fact that you named the driver and transferred liability.

Manc1997

Yesterday I received two of the PCN’s, and I am now wondering about what I should do:

1. Take advantage of the discount and pay the £60 for all three.
2. Ignore or dispute the charges.

I have shared the notice before and was told that it is not POFA compliant for these reasons:

1. There is no point of reference for the “period of parking”. Supposedly this doesn’t satisfy the requirement under PoFa 9(2)(a) and (b) to describe the “period of parking”. I’m not sure about this because rather than how long I parked for, I thought I was in this trouble because I parked where I wasn’t allowed?
2. Furthermore, supposedly there was no invitation for the keeper to pay, but I suppose that doesn’t matter now because I have been named as the driver.

I am going to attach the notices and pictures of the car park in case anyone can help me figure out what is the best course of action. I personally think that the signage is somewhat clear. I don’t mind ignoring them to just mess with these thieves, but I also recognise that it is my fault for not respecting the terms and am leaning towards paying so as to just put my mistakes behind me. Thank you for your advice.

The gate of the car park doesn’t open if you haven’t payed for the permit, so I got into the car park whenever it malfunctioned and was left open, or sometimes I followed another driver in

LDast

Really? why was the drivers identity revealed? The NtKs are not PoFA complaint and the keeper could not be liable for them. What a waste of effort this is!

1505grandad

@Manc1997 -  you have the wrong ppc name in the thread title.

Manc1997

LDast said:

Really? why was the drivers identity revealed? The NtKs are not PoFA complaint and the keeper could not be liable for them. What a waste of effort this is!

While I understand what you are saying, my partner simply wasn’t willing to risk it, so I decided to take on the problem as the driver.

Manc1997

1505grandad said:

@Manc1997 -  you have the wrong ppc name in the thread title.

Thank you, it was a typo. I will change the title.

Manc1997

Manc1997 said:

LDast said:

Really? why was the drivers identity revealed? The NtKs are not PoFA complaint and the keeper could not be liable for them. What a waste of effort this is!

While I understand what you are saying, my partner simply wasn’t willing to risk it, so I decided to take on the problem as the driver.

Wouldn’t it be possible for the driver to deny liability, thus returning to the place we was at before this?