Park direct uk ltd refused transfer of liability

The_Slithy_Tove

PpcRscum2025 said:

Any help on what I should write in my appeal to the ias ? 

Is it really worth your effort? If it were me, I would simply state what has been said many times: No liability under POFA as they know the name and address of driver. Everything else about hidden signage or dodgy attendant is a sideshow.

Honestly can't believe this thread has got so many posts in the few days since I last looked at it. 

Car1980

The IAS will make up some stuff about their parking company's requests being reasonable and take their side.

The only reason to go to the IAS is if you want some paperwork for the government consultation.

You've legally absolved yourself of liability. Walk away.

Umkomaas

One line IAS appeal - no keeper liability, driver details provided, exactly as required under PoFA 2012.  That's it, let's see how they swallow that. There's no issue even if you 'lose', 96% of other appellants do (as guaranteed by the IAS to their paymaster PPCs). 

h2g2

Car1980 said:

The only reason to go to the IAS is if you want some paperwork for the government consultation.

To be fair, I think it's worth appealing with exactly this in mind. If we all take the view that there's no point appealing to the IAS we do not get evidence whether they are enforcing the code of conduct. Meaningfully enforcing the code of conduct is, I understand, a requirement to maintain ATA status so supporting the PPC on such a clear-cut case as this one would hopefully make a compelling case to the DVLA and/or parliament.

Coupon-mad

h2g2 said:

Car1980 said:

The only reason to go to the IAS is if you want some paperwork for the government consultation.

To be fair, I think it's worth appealing with exactly this in mind. If we all take the view that there's no point appealing to the IAS we do not get evidence whether they are enforcing the code of conduct. Meaningfully enforcing the code of conduct is, I understand, a requirement to maintain ATA status so supporting the PPC on such a clear-cut case as this one would hopefully make a compelling case to the DVLA and/or parliament.

i agree. It is hard to say the IAS isn't fit if we don't test it a few times, even now.

winnahwinnah2025

When appealing to the ias is there anything I can say to them that might make them think twice about declining as in legal terms so they might think i know a bit about the system.  in my case it's clear the PPC are in the wrong and we know they're 1 sided 

The_Slithy_Tove

PpcRscum2025 said:

When appealing to the ias is there anything I can say to them that might make them think twice about declining as in legal terms so they might think i know a bit about the system.  in my case it's clear the PPC are in the wrong and we know they're 1 sided 

Not really. They are a law unto themselves. We have seen plenty of examples where the case submitted is cast-iron and pretty much indisputable, yet they still find for the PPC. It's more about gathering evidence against them over the wider issues as indicted above, and of showing a potential court you are trying to be reasonable than about actually winning against them.

Coupon-mad

PpcRscum2025 said:

When appealing to the ias is there anything I can say to them that might make them think twice about declining as in legal terms so they might think i know a bit about the system.  in my case it's clear the PPC are in the wrong and we know they're 1 sided 

You say exactly what we've put in all our suggested complaints. Last week, a poster even cited for you the part of schedule 4 that applies, IIRC.

Just copy & adapt it into appeal-speak.

Could you show a close up of the sign please? It's probably in their photos online.

winnahwinnah2025

So this is what I have written up for the ias, please let me know if it's good or anything I should add or take off 

Dear adjudicator, It has got to this stage of appeal because Park direct uk did not honour me my rights as followed in POFA 2012 schedule 4 where I transferred liability within the requested time frame and have given Park direct uk a name and servicable uk address for them to follow up with in fact they have stripped me of my rights and forced liability on to me.

Park Direct uk then asked me to provide them with the nominated drivers proof and copy of drivers licence and insurance documents as if they are the law and this is a criminal offence they should not be asking me for that and no where does it state in POFA 2012 or IPC code of conduct does it require for registered keeper to provide in order to transfer liability. Park direct uk in fact have created a ficticious obstacle not in line with POFA 2012 or IPC code of conduct and carried on demanding those documents from me or to pay up. As soon as I transferred liability they should have discharged me from any liability and sent correspondence to the nominated driver as in a (NTD) which they did not bother to and just refused to transfer liability from the start, this is very unfair and I have been treated unfairly and been forced to take liability for this PCN from park direct uk and that is why it has got to this stage of appeal.

Park direct uk actions also constitute clear breaches of thier KADOE contract with the DVLA. By continuing to process my personal data and pursuing me for a charge I am not liable for, park direct uk has engaged in unlawful data processing.

POFA Schedule 4, Paragraph 5(1) explicitly states that a creditor may only hold the keeper liable if they do not know both the name and a current address for service for the driver. I provided park direct uk with both the name and a valid, serviceable UK address for the driver, thereby discharging my liability.

Furthermore, POFA does not permit the reissuing of a Notice to Keeper once liability has been transferred. Park direct uk decision to disregard the lawful transfer of liability and proceed against me is a flagrant abuse of process.

IPC code of conduct states
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.

POFA 2012 schedule 4 states

5(1)The first condition is that the creditor—
(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)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.

winnahwinnah2025

Sure here you go @Coupon-mad