PCN - I am Reg Keeper but not Driver (non-UK Driver)

IamTheSam

Hello,

I was in a ride-sharing situation with an acquaintance who drove my vehicle on a long journey. I received a Parking Charge Notice (PCN) from Parking Eye as the Registered Keeper. The driver, who is not from the UK, parked at a Tesla Supercharger (Scotch Corner) and claims he didn't see any signage regarding parking registration due to poor lighting and no information at the charger itself. He mentioned that he tried to find someone at the hotel reception but it was around 1 am and no one was available.

The driver has since returned to his country and has agreed to appeal the PCN as the driver. I need guidance on how to transfer this responsibility to the driver. Additionally, I would like to understand any potential implications for me if he loses the appeal or refuses to pay. I want to ensure that I can demonstrate that I was not the driver who incurred the PCN and also prevent any potential increase in fees or charges being directed to me.

The driver has provided me with his permanent address and is willing to appeal and represent himself as the driver.

Your help is appreciated. Thank you. 

Iceweasel

Which part of the UK do you live in?

Scotland by any chance?

Gr1pr

If Parking Eye complied with the law named POFA 2012 then as far as they are concerned you are responsible as keeper 

You can transfer the liability to the driver as explained on the rear of the NTK PCN letter, giving his details and that address for the service of papers 

The Tesla app usually tells people about any registration requirements 

The maximum loss is around £200 if you or they lost in court 

Ideally, complain to the hotel with proof of the charging and insist on a cancellation 

Information below 

Located in: Holiday Inn Darlington - A1 Scotch Corner, an IHG Hotel, there is a need to register at reception there apparently 

This electric car charging point located at Scotch Corner Supercharger, DL10 6PQ is part of the Tesla-only Supercharger network. There are 8 devices and 16 connectors available at this charging location.

To plan your route or see the latest status info for this charge point, download the Zapmap app or go to the Zapmap web map.

This electric car charging point located at EH - MOTO Scotch Corner, DL10 6PQ is part of the GRIDSERVE Electric Highway network. There are 16 devices and 24 connectors available at this charging location.

Tesla Support: 01628 450 660.  ( Read the thread below too. )

https://forums.moneysavingexpert.com/discussion/6495972/supercharger-pcns

paulstevens64

Write, or e-mail to the parking company. State simply:

I am the registered Keeper, I was not the driver on the day in question (put date here). The driver on that day was XXXXXXXX. His serviceable address is XXXXXXXXXXXXXXXXXXXX. I have now transferred liability from me (the keeper) to the Driver, so have discharged my duties under the 2012 Protection of Freedoms Act. Please delete my data from your records as you have no right, or need to hold my data any longer.

IamTheSam

Gr1pr said:

If Parking Eye complied with the law named POFA 2012 then as far as they are concerned you are responsible as keeper 

You can transfer the liability to the driver as explained on the rear of the NTK PCN letter, giving his details and that address for the service of papers 

The Tesla app usually tells people about any registration requirements 

The maximum loss is around £200 if you or they lost in court 

Ideally, complain to the hotel with proof of the charging and insist on a cancellation 

Information below 

Located in: Holiday Inn Darlington - A1 Scotch Corner, an IHG Hotel, there is a need to register at reception there apparently 

This electric car charging point located at Scotch Corner Supercharger, DL10 6PQ is part of the Tesla-only Supercharger network. There are 8 devices and 16 connectors available at this charging location.

This electric car charging point located at EH - MOTO Scotch Corner, DL10 6PQ is part of the GRIDSERVE Electric Highway network. There are 16 devices and 24 connectors available at this charging location.

Tesla Support: 01628 450 660.  ( Read the thread below too. )

https://forums.moneysavingexpert.com/discussion/6495972/supercharger-pcns

Thank you Gr1pr. Yes, they did mention POFA on the second page: "You are notified under paragraph 9(2)(b) of schedule 4 of the POFA 2012 that the driver of the vehicle is required to pay this parking charge in full..."

I will follow the instructions provided there on how to deal with it.

The driver mentioned that he also stopped there three days later to charge around the same time on our way back (I was fast asleep in the back), and again, there was no one at reception as he used the toilets. So, I might receive another one, as per what he said. I did call the hotel about this PCN and also about the later incident, and if I could register to avoid a PCN, but they said I have to deal with Parking Eye, whose phone number only offers a payment option but no customer service. It seems like the hotel makes some commission out of this.

Also, Paul guided me on how to email them, and I will use it too.

Thank you so much.

IamTheSam

paulstevens64 said:

Write, or e-mail to the parking company. State simply:

I am the registered Keeper, I was not the driver on the day in question (put date here). The driver on that day was XXXXXXXX. His serviceable address is XXXXXXXXXXXXXXXXXXXX. I have now transferred liability from me (the keeper) to the Driver, so have discharged my duties under the 2012 Protection of Freedoms Act. Please delete my data from your records as you have no right, or need to hold my data any longer.

Thanks Paul I will do that. 

IamTheSam

Iceweasel said:

Which part of the UK do you live in?

Scotland by any chance?

I live in England. If Scotland, would it make a difference? 
The non-UK driver is from an Asian country. 

Fruitcake

The NTK will have details of how to transfer liability to the driver, so use whatever method is stated there. Any other method may be ignored by PE, which is not what you want.

All the driver needs to do is confirm they were driving at the material time, and confirm their (overseas) address for service.

With regards to requesting your data be deleted, you should use the word, erase, as it has a specific meaning where data handling is concerned. I suggest you wait until liability has been transferred to the driver before requesting this by instructing PE's DPO of your requirements.

IamTheSam

Fruitcake said:

The NTK will have details of how to transfer liability to the driver, so use whatever method is stated there. Any other method may be ignored by PE, which is not what you want.

All the driver needs to do is confirm they were driving at the material time, and confirm their (overseas) address for service.

With regards to requesting your data be deleted, you should use the word, erase, as it has a specific meaning where data handling is concerned. I suggest you wait until liability has been transferred to the driver before requesting this by instructing PE's DPO of your requirements.

Thank you for the suggestion on the word usage. Appreciate it. 

I am a bit confused as they have given me very little information to contact them (obviously making it more difficult for me to do anything else other than making a payment or appeal )
Here is the second page. Shall I just write to the appeals address and sign post it? or should I ask the driver to appeal using the weblink?

Many thanks!

Gr1pr

The driver cannot appeal it, they are a stranger to the letter at the moment, your name is presumably on the invoice so at the moment any action is your responsibility, if you don't follow the procedures then it could come back on you 

I told you what to do , as did Fruitcake, the PCN letter rear page tells you how to transfer liability to the driver, in the POFA section, so do so 

Coupon-mad

Just go online and see if there's a transfer liability option. If not, 'appeal' using the words provided by @paulstevens64

Take a screenshot of your words in the ParkingEye appeal (or any 'transfer liability') box and keep that proof, as you won't get an email showing what you said.

Even if the driver then gets a PCN, appeals and loses, there are NO REPERCUSSIONS on you.

ParkingEye cannot lawfully revert to you after a transfer of liability (but the named driver must respond to any notice they get, confirming they were driving at least. That shows you haven't made them up).  That then hooks it permanently to them. Reassure them that nothing can happen because the reside outside of the UK.

Then they can ignore everything after that and you will receive nothing more.