Do I have a leg to stand on when not registered keeper?

NoNotAgainMr

Thank you all for your help, I’ll give this a try.

I believe the parking company are reading this thread as they responded soon after these comments were posted, but nothing to hide here lol.

NoNotAgainMr

This is the response received, any advice on next steps please?

“This current parking charge has been reverted to the registered keeper as MK1 Parking did not receive the relevant information as stated in the notice to keeper, it clearly states in the letter, you are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the driver’s name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them.

As no valid postal address was provided correctly MK1 Parking will pursue the registered keeper, and as you have denied you were the driver at the time of the contravention, MK1 Parking will pursue the registered keeper for any unpaid charges.”

Edit, thinking of sending the below as a reply after reading some more historic posts. Please let me know if any changes are needed thanks.

———————-

 I’m the hirer and have every right to appeal as I’m the recipient of a letter purporting a notice to hirers. Are you going against BPA code of conduct to allow hirers to appeal?

If you want to carry on being disingenuous and unlawful to ignore my requests and push a narrative of “we only communicate with drivers”,  you should have joined the IPC ASOS where you’d find like minded anti consumer mindsets.

You are BPA AOS (your choice to join them), so deal with the appeal professionally, please, provide the information I have requested or I will escalate this complaint and then report MK1 parking to the BPA and DVLA for lying about the keepers legal right to appeal against liability and use POPLA. 

Coupon-mad

NoNotAgainMr said:

This is the response received, any advice on next steps please?

“This current parking charge has been reverted to the registered keeper as MK1 Parking did not receive the relevant information as stated in the notice to keeper, it clearly states in the letter, you are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the driver’s name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them.

As no valid postal address was provided correctly MK1 Parking will pursue the registered keeper, and as you have denied you were the driver at the time of the contravention, MK1 Parking will pursue the registered keeper for any unpaid charges.”

Edit, thinking of sending the below as a reply after reading some more historic posts. Please let me know if any changes are needed thanks.

———————

 I’m the hirer and have every right to appeal as I’m the recipient of a letter purporting a notice to hirers. Are you going against BPA code of conduct to allow hirers to appeal?

If you want to carry on being disingenuous and unlawful to ignore my requests and push a narrative of “we only communicate with drivers”,  you should have joined the IPC ASOS where you’d find like minded anti consumer mindsets.

You are BPA AOS (your choice to join them), so deal with the appeal professionally, please, provide the information I have requested or I will escalate this complaint and then report MK1 parking to the BPA and DVLA for lying about the keepers legal right to appeal against liability and use POPLA. 

Just as important is to alert the lease firm that MK1 are planning on reverting to them, because MK1 reckon the lease firm failed to transfer liability in time (or properly) to the hirer firm.

Tell the lease firm you are complaining to the BPA about MK1 and you will NOT be paying the rogue PCN under any circumstances. If lease firm panic and chose to do so then the company will not reimburse them for their error.

You need to stop them just paying.

NoNotAgainMr

Thanks for your help. Should I even bother sending the parking company my draft response from the previous comment?

Is the next step to complain to BPA? The  last comment was MK1’s reply to my formal complaint, it doesn’t sound like they want to co-operate with me.

NoNotAgainMr

Coupon-mad said:

NoNotAgainMr said:

This is the response received, any advice on next steps please?

“This current parking charge has been reverted to the registered keeper as MK1 Parking did not receive the relevant information as stated in the notice to keeper, it clearly states in the letter, you are notified under paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012 that the driver of the motor vehicle is required to pay this parking charge in full. As we do not know the driver’s name or current postal address, if you were not the driver at the time, you should tell us the name and current postal address of the driver and pass this notice to them.

As no valid postal address was provided correctly MK1 Parking will pursue the registered keeper, and as you have denied you were the driver at the time of the contravention, MK1 Parking will pursue the registered keeper for any unpaid charges.”

Edit, thinking of sending the below as a reply after reading some more historic posts. Please let me know if any changes are needed thanks.

———————

 I’m the hirer and have every right to appeal as I’m the recipient of a letter purporting a notice to hirers. Are you going against BPA code of conduct to allow hirers to appeal?

If you want to carry on being disingenuous and unlawful to ignore my requests and push a narrative of “we only communicate with drivers”,  you should have joined the IPC ASOS where you’d find like minded anti consumer mindsets.

You are BPA AOS (your choice to join them), so deal with the appeal professionally, please, provide the information I have requested or I will escalate this complaint and then report MK1 parking to the BPA and DVLA for lying about the keepers legal right to appeal against liability and use POPLA. 

Just as important is to alert the lease firm that MK1 are planning on reverting to them, because MK1 reckon the lease firm failed to transfer liability in time (or properly) to the hirer firm.

Tell the lease firm you are complaining to the BPA about MK1 and you will NOT be paying the rogue PCN under any circumstances. If lease firm panic and chose to do so then the company will not reimburse them for their error.

You need to stop them just paying.

Coupon-mad when should I escalate the complaint to BPA?

I don’t think MK1 want to discuss this issue with me.

thanks for your help 

Coupon-mad

You can complain to the BPA once you have exhausted the complaint to the PPC.

NoNotAgainMr

Coupon-mad said:

You can complain to the BPA once you have exhausted the complaint to the PPC.

Latest response when I asked for an update on the complaint

”As previously stated, as no valid postal address was provided correctly MK1 Parking will pursue the registered keeper, and as you have denied you were the driver at the time of the contravention, MK1 Parking will pursue the registered keeper for any unpaid charges.”

I have told the lease company not to pay etc. is there anything else I can do now?

Coupon-mad

Is that reply from the BPA?

NoNotAgainMr

no, it’s from MK1 parking company. Does this count as exhausting the complaint?

D_P_Dance

WRT the question in the title.  IMO you would stand an excellent chance in court if thet were daft enough to go there.