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Providing driver details in parking appeal.
I recently got a private parking charge and appealed as the registered keeper on the basis that there was no clear signage at the location where the vehicle was parked.
I have now received the following reply to my appeal:
'From the correspondence we have received, we are unable to determine the driver at the time of the contravention. In order for us to progress with the appeal, please confirm if you were the driver or provide the driver's full name and address. Please send the correct information with full name, address and PC number within 14 days of the date of this letter to ...
We have placed this case on hold for 14 days to allow you to provide us with the required information. If we do not receive the required evidence/information within 14 days, we will have no choice but to process your appeal based on the information that we currently hold.'
Should I provide them with these details and could it somehow negatively affect my appeal if I do not provide these details? I know a similar topic has already been covered in the FAQ's but I'm just wondering if the nature of their reply somehow changes things.
Thanks in advance for your help!
Comments
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My thinking is this:
Absolutely do not disclose the name of the driver, even on this forum.
If they can't identify the driver they may have a problem.
Protection of Freedoms Act Schedule 4 enables them to go after the registered keeper but they have to send a notice to the registered keeper with strict requirements (including a time limit). Check the notice you got against the requirements.
If they get that notice wrong, they may be barred from going after the keeper. And they can't go after the driver because they don't know who it is.
The fact they have asked you signifies that they may know they have already messed up.
No downside to not disclosing the driver.
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Name the private parking company claimant, and an approximate but general location for you
1 -
I'd reply something like:
"You have written to me as the keeper. I am appealing as the keeper. I note that the Single Sector Code of Practice states, at Annex C:
where a NTK or NTH has been issued in accordance with POFA, the Keeper … may appeal the parking charge if the driver has not previously been given the opportunity to appeal.
You must therefore proceed to consider my appeal - as the keeper - in accordance with the CoP."
2
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