LD person carers driving Motability vehicle

RobinHill

My partner's severe LD adult son lives in a residential care home and has his own motability vehicle. He is non verbal and lacks mental capacity, and requires a team of carers at all times. The vehicle operates under an open insurance policy and any number of carers could have been in attendance / driving. My partner has received for her son a NtK parking charge from PPC ParkMaven Limited. The care home is stating unable to disclose the information ie. driver due to GDPR. How correct this is we don't know. Not sure where to go with this. There was a similar thread posted last year which I have attached. Help appreciated. Thank you.

https://forums.moneysavingexpert.com/discussion/6546163/if-i-have-a-mobility-car-that-i-cant-drive-and-the-staff-gets-a-parking-ticket/p2

elsien

So for the sake of clarity, was this a private or a council parking ticket?  
I think the care home are hiding behind GDPR because I know of cases where the provider has identified the driver to the appointee when a ticket has been received. 

RobinHill

elsien: apologies I was just editing to add that bit as you commented. It is a PPC called ParkMaven Limited.  

RobinHill

elsien: I agree ie. would this be any different to a speeding offence etc where surely a legal requirement to do so. It is quite complicated in that my partner is his appointee and so for legal / bureaucratical reasons the vehicle has to be registered to her address, albeit in her son's name as the registered keeper.

Car1980

I'd explain all the above to ParkMaven just as you've explained to us. Tell them the address of the care home. And inform them that your son lacks mental capacity in accordance with the Mental Capacity Act 2005 so any court claim would be futile.
Email support@parkmaven.zendesk.com and copy in info@dcblegal.co.uk.

It's all about making money, so if you can demonstrate they're not going to make a penny out of this one, they might have an attack of common sense.

P.S. Keeper liability is set out under the Protection of Freedoms Act 2012. Completely different from speeding offences etc. This is just civil law.

elsien

Bumping for more opinions from the more experienced members on here.

RobinHill

Park Maven have replied to the appeal and simply requested the driver details.

KeithP

RobinHill said:

Park Maven have replied to the appeal and simply requested the driver details.

...and presumably put the matter on hold for a few days to allow you time to provide that information.

Ignore that request and wait for the inevitable appeal refusal.

Coupon-mad

RobinHill said:

Park Maven have replied to the appeal and simply requested the driver details.

I'd reply and say this is irrelevant (in fact unknown, due to various visiting carers who use the vehicle for the keeper's day to day needs) and will not be provided.  However, the charge is clearly in breach of the Equality Act 2010 and the disabled Motability keeper is not liable for it nor able to deal with the matter, due to lack of mental capacity.

A complaint will be made to the disabled persons MP immediately, if ParkMaven fail to cancel the matter, and a second complaint will go to their Trade Body, with the MHCLG copied in.

Car1980

Park Maven emails are answered by a young girl programmed to say either "submit your appeal" or "tell us who the driver is" and it's like banging your head against a brick wall because she won't listen to what you say.
That's why it's best to copy DCB Legal in. But at least you've covered yourself. 

You'll have to re-tell DCB if it gets to Letter of Claim stage because we've seen them pay some attention if their victim is vulnerable. 

Coupon-mad

Hence the MP complaint is needed in this case.