Park direct uk ltd refused transfer of liability

Nellymoser

WOW!!! Jaw dropping information requests and behaviour by Park Direct towards the OP.

Shame @Kaizen2024 doesn't agree and for some strange reason thinks the registered keeper should take on the PPC role and tell the driver how to make the payment or submit an appeal!!

The CMA could quickly accumulate a healthy income IF they were to investigate/fine PPCs unfair practices.

fisherjim

Kaizen2024 said:

The point I was trying to make was that the OP could have (potentially still could) saved themselves a lot of time and effort by simply asking the driver (given that they are not withholding their identity) to either make payment (I know that's not an option for you guys) or submit an appeal; thus releasing the Keeper from handing something that is not their problem.

The driver does not need a document in their name, much like a windscreen Parking Charge (a true NTD) does not encompass the driver's name and address. 

The only reason someone would not action the above would be if the driver's details were fictitious and one of the known 'avoidance schemes' were being utilised (an attempted fraud), as why would a friend or family member want to burden the Registered Keeper with the hassle for the sake of the equivalent of a meal for two?

You guys say that parking operators are unreasonable, this is a classic case of 'Pot Kettle Black' i,e, Operators would not need to be suspicious/cautious if motorists were honest, clear and transparent rather than trying to exploit perceived loopholes.

If the Parking Charge was issued without reasonable cause, the driver should own it and handle it themself. 

Shakes head in disbelief!

The PPC's attendant was hiding in the car park to catch the driver out but as you have stated you haven't bothered to read the whole thread.

I thought one of the claims by the private parking industry is that parking "management" is required to stop unauthorised parking and a free for all not issue parking charges at any opportunity obviously just to extract as much profit as possible.

Proper parking management here would be to comply with the rules / COP on signage for a start, but the absence of this is clearly why they can afford to have an employee hiding to sting people instead of managing the available spaces to the land owners wishes.

But you think that the innocent keeper has to do the job of the parking companies employee and get the driver to contact the operator when it was the job of their attendant to do his part by issuing a Notice to Driver on the day!

Le_Kirk

Kaizen2024 said:

Le_Kirk said:

Kaizen2024 said:

Given the OP was happy to identify the driver, surely all this back and forth could have been avoided if the driver just submitted an appeal themself from the outset 🤷🏼‍♂️

Yep and how does he/she do this without a NtD in his/her own name? This thread was an entertaining read, whilst I had my lunchtime butty!

Not required.

How then does the driver even know about this PCN as it was posted to the keeper and was not a windscreen ticket (unless I missed that bit)?

winnahwinnah2025

The PCN was sent to me RK using my reg so I followed procedures and went on their web page and clicked the section where it says "transfer liability" gave them a name and servicable address for the PPC to start to communicate with the driver i.e send NTD etc ppc then said to me "Thank you for your recent correspondence regarding the transfer of liability. Unfortunately, we are 

unable to proceed with this transfer at this time.

To consider your request, we kindly require the following documentation:

1. A copy of the nominated driver’s valid driver’s license.

2. Proof of the nominated driver’s insurance, demonstrating that they were permitted to drive the 

vehicle at the time of the contravention.

While we await these documents the PCN has been placed on hold for 7 days.

Please email these documents to dpo@parkdirectukltd.co.uk, please include the PCN reference 

number as the subject of the email.

Once we receive these documents, we will review your request promptly" they didn't even say proof that he was the driver they said proof that he had insurance and was permitted to drive like who do they think they are the law !? If they want those documents send a NTD and comminucate with him not me 

winnahwinnah2025

Also POFA schedule 4 para (9) (2) (e) (ii) "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;

Para (9) (2) (f) "(f)

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (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;

Ive given them a name and servicable address where does it say i have to provide drivers personal docs to transfer liability?? I have followed procedure PPC have not and to top it off they are under IPC and IPC code of conduct states under
"7.4 If a Motorist receives a postal notification, and they think it has been incorrectly issued

they should:

7.4.1 If they are not the Driver:
7.4.1.1 Identify the Driver by providing the operator with the name and address of the person driving

the Vehicle at the time of the Parking Event. Details of how to do this will be on the notice.

Car1980

You guys say that parking operators are unreasonable, this is a classic case of 'Pot Kettle Black' i,e, Operators would not need to be suspicious/cautious if motorists were honest, clear and transparent rather than trying to exploit perceived loopholes.

Tough sh*t. 

You can't refuse to follow the law just because a tiny minority of bad apples are affecting your bottom line by 0.2%.

Pot kettle black? No honour amongst thieves more like.

prowla

Le_Kirk said:

Kaizen2024 said:

Le_Kirk said:

Kaizen2024 said:

Given the OP was happy to identify the driver, surely all this back and forth could have been avoided if the driver just submitted an appeal themself from the outset 🤷🏼‍♂️

Yep and how does he/she do this without a NtD in his/her own name? This thread was an entertaining read, whilst I had my lunchtime butty!

Not required.

How then does the driver even know about this PCN as it was posted to the keeper and was not a windscreen ticket (unless I missed that bit)?

Because it's the PPC's responsibility to act on the driver details they've been given (ref. the OP).

Half_way

I gave them a nominated drivers name and servicable UK address which is in line with pofa 2012

Then you have discharged your liability, one point to be aware of is that it does not need to be a UK serviceable address, while it does need to be a genuine address for that person, if that person resides outside the UK and has an address in another country on which they can be contacted the that is the address you use.

Stop wasting your time in dealing with their nonsense, these parking companies and their employees are scum.

If anything tell them that as you have informed them of the driver's name and address and as such they must erase your details with regard to pursuing the parking charge, if they fail to comply you will charge them £20 per letter/communication you receive in regards to demanding money over this, you will report it to the ICO as they no longer have just cause to process your personal data, and if they chose to initiate court proceedings over this you will put in a counter-claim for unreasonable behaviour.

As for will report it, balls to the will, just report it anyway, they have no just cause to demand a driving licence/insurance documents, and you have no good reason or just cause to ask for and share that sort of personal data.

While its not as easy to find the landowner in this case, i would try and find them and bring them kicking and screaming into this whole mess which they are responsible for in allowing scum like park direct and the scum who work for them ( park direct employees)  onto their land

winnahwinnah2025

Half_way said:

I gave them a nominated drivers name and servicable UK address which is in line with pofa 2012

Then you have discharged your liability, one point to be aware of is that it does not need to be a UK serviceable address, while it does need to be a genuine address for that person, if that person resides outside the UK and has an address in another country on which they can be contacted the that is the address you use.

Stop wasting your time in dealing with their nonsense, these parking companies and their employees are scum.

If anything tell them that as you have informed them of the driver's name and address and as such they must erase your details with regard to pursuing the parking charge, if they fail to comply you will charge them £20 per letter/communication you receive in regards to demanding money over this, you will report it to the ICO as they no longer have just cause to process your personal data, and if they chose to initiate court proceedings over this you will put in a counter-claim for unreasonable behaviour.

As for will report it, balls to the will, just report it anyway, they have no just cause to demand a driving licence/insurance documents, and you have no good reason or just cause to ask for and share that sort of personal data.

While its not as easy to find the landowner in this case, i would try and find them and bring them kicking and screaming into this whole mess which they are responsible for in allowing scum like park direct and the scum who work for them ( park direct employees)  onto their land

In your opinion if they took it to court what would happen best case and worst case scenario or have I got 100% win here which i know I've been told but I like to hear other opinions too 

Coupon-mad

The NEWBIES thread already tells everyone that even people who lose at hearings pay less than the claim (as long as they turn up).

£212 - IN TOTAL - is about the sum ordered in cases lost so the court fees aren't much higher than the £100 PCN.

This case will NEVER go near court claim form stage, let alone a hearing before a judge.