Small Claims Court Gladstones Solicitors - Do I settle?

KeithP

wontbackdown25 said:

Coupon-mad said:

My research shows me that point 3) is actually wrong and you there is an obligation to name a driver.  

Your research is wrong!

I hope you are right / please advise why I am wrong as that was my key defence.  My research shows the below and the POFA changed the requirement to notify who the driver was as per the below. 

3.1 The Protection of Freedoms Act 2012 makes a number of changes to the law related to parking. It bans private sector wheel-clamping and vehicle removal where there is no lawful authority to do so, and, as a balance to that, provides landholders with extra powers to manage parking on their land once the ban comes into force. It does this by allowing landholders, in certain circumstances, to hold the registered keeper of a vehicle liable for unpaid parking charges if the registered keeper refuses or is unable to name the driver at the time the parking charge was incurred.

I don't know where you are quoting that '3.1' stuff from, but it doesn't say what you think it says.
Yes, it does say that the RK can be liable in certain circumstances for the driver's actions, but it does not say anything about the RK's obligation to name the driver.

So to repeat and summarise... there is no obligation for the keeper to name the driver.

Coupon-mad

Read the 2015 POPLA Annual Report.