P4 parking private parking PCN

smalljine

Hello Everyone,

I received a Windscreen PCN couple of weeks ago for parking in private car park in Scotland, I could not appeal, because I was so busy and missed day 25-26 to make an appeal.
I received a Notice to Keeper recently and I am not sure how to proceed.

Please help

Coupon-mad

Scotland, so this is a non-POFA NTK. Please show page 1 with ALL DATES AND TIMES showing but redact QR codes, the PCN ref, your VRM and your name/address.

You'll never have to pay this invoice (it isn't a fine) so it is highly misleading for a non-POFA notice to keeper ('NTK') to demand money from the keeper recipient, as this one does with threats of court, instead of merely asking who was driving, which was the only lawful data purpose under which they went to the DVLA in a non-POFA case.

I want to see the front because I want to see the dates & times and that they failed to include the 'material information' that "this NTK is NOT issued under any keeper liability legislation and only the driver is potentially liable, who the keeper is not legally obliged to name but please tell us their name and address".

Which is all a parking firm is allowed to ask, in cases that are non-POFA.

Instead, the industry mimic the appearance of a POFA 'notice to keeper' and use language that misleads the recipient into thinking that they (the keeper) has to pay.

This is misleading and a breach of the DMCC Act 2024. You cannot dress up a notice to look like something it isn't, with a legal status it doesn't have.

In my view, a non-POFA notice should not even be set out like a NTK issued under the keeper liability law. A non-POFA letter, IMHO, should be ordered by the CMA and MHCLG to NOT demand money of the recipient but merely say something like:

"We believe the driver is liable for a parking charge and we are trying to trace that liable party. To assist us to resolve the matter with the right person, please give us the name and address of the driver if you know it, or if you were driving and accept that a parking charge is due, you may decide to now pay the sum outstanding, which is £xx (this is discounted by 50% for 21 days from service - delivery - of this letter).

You (the registered keeper) and/or the hirer, lessee and/or the driver do have a right to appeal against liability, and this right is offered for 28 days from service of a letter addressed to them. This letter acts as your notification that you - the registered keeper - may appeal.

See 'APPEAL' details overleaf.

You may also choose to provide the driver, hirer or lessee's name and postal address so we may write to them.

To clarify: the liable party is, and remains, the driver.

This letter is NOT issued under Schedule 4 of the POFA 2012, so we are not seeking keeper or hirer/lessee liability.

If you are a lease/hire company you are not pursued for liability under the POFA 2012 but you may wish to avoid any follow up enquiries coming to your company, by:

• providing us with the hirer or lessee's details now, and
• passing a copy of this letter to them so that they have a timely consumer notice in their hands which allows them to name the driver, pay or appeal. This will allow us to stop writing to you.

smalljine

This is the complete NTK… Redacted version

Coupon-mad

As I thought and explained above.

It's not a POFA-worded version but they don't give the material information that the keeper is NOT expected to pay.

It actually says to the keeper "you need to pay"!

But the keeper isn't liable…

TNC are misleading keepers about who they are pursuing to pay.

smalljine

Alright, thank you very much.

smalljine

@Coupon-mad

Should I ignore this NTK or appeal?

I just tried appealing on their website and it says I am unable to appeal at this time. I am thinking it could be because I did not appeal during the first 28 days.

Please what should I do about it ?

Coupon-mad

Ignore them completely.

See post 4 of NEWBIES PLEASE READ THESE FAQS FIRST.

This is Scotland. NOTHING HAPPENS.