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Private Parking Companies (PPCs) issue Parking Charge Notices (PCNs) to enforce parking regulations on private land. As a vehicle owner, you may have received a PCN in the mail or on your windscreen, which can be an unwelcome surprise. When dealing with these notices, it is crucial to be aware of your rights and the relevant laws. Specifically, you should not reveal the identity of the driver if the PCN is not compliant with the Protection of Freedoms Act (PoFA) 2012, as this can protect you from liability.
Understanding PoFA 2012 Compliance
The Protection of Freedoms Act 2012 was enacted to address various issues, including regulating the actions of PPCs. Schedule 4 of the Act outlines the conditions under which a PPC can transfer liability for unpaid parking charges from the driver to the Registered Keeper (RK) of the vehicle.
For a PCN to be PoFA 2012 compliant, the notice must:
1. Specify the parking period when the vehicle was parked.
2. Describe the land on which the vehicle was parked and the parking event that occurred.
3. State that the driver is liable for the parking charge and the amount due.
4. Include a statement that the creditor will seek to recover the charge from the RK if the driver does not pay.
5. Be given within the relevant period, which is typically 14 days from the parking event.
Why You Should Not Reveal the Driver's Identity
If a PCN is not PoFA 2012 compliant, the PPC cannot legally transfer liability for the parking charge from the driver to the RK. By not disclosing the driver's identity, you can prevent the PPC from pursuing the RK for payment.
There are several reasons why you should not reveal the driver's identity in this situation:
Protecting Your Rights: By not disclosing the driver's identity, you are safeguarding your rights as the RK, as the PPC cannot hold you liable for the parking charge.
Preserving Legal Defences: Revealing the driver's identity might inadvertently remove certain legal defences available to you, such as disputing the validity of the PCN or challenging the PPC's right to issue the charge.
Discouraging Unscrupulous Practices: Some PPCs may issue non-compliant PCNs in the hope that vehicle owners will pay without questioning the notice's legality.
By not revealing the driver's identity and challenging the PCN, you can discourage these practices and protect other vehicle owners from similar situations.
Conclusion
Dealing with PCNs from PPCs can be confusing and frustrating. However, understanding your rights under the Protection of Freedoms Act 2012 can help you navigate the process and protect yourself from unfair liability. If you receive a non-compliant PCN, do not reveal the driver's identity and consider seeking legal advice to ensure you are fully aware of your rights and options.
Here is a sample of text that a private parking company (PPC) has put in their Notice to Keeper (NtK). The NtK was a Parking Charge Notice (PCN) issued by post to the registered keeper (RK) with no Notice to Driver (NtD) PCN attached to the windscreen by a parking attendant. This type of PCN/NtK is issued when the vehicles "time on site" has been recorded automatically by Automatic Number Plate Recognition (ANPR) cameras. However, does this bit of text actually make the PCN PoFA compliant so that they can pursue the RK instead of the driver?
"If, after a period of 28 days (beginning on the day after this Parking Charge is given), the amount requested in this Parking Charge has not been paid in full (or we have not been informed of the driver's name and current address), you, the registered keeper, will, subject to the conditions of, and under the terms of Schedule 4 of the Protection of Freedoms Act 2012, be liable to pay the unpaid Parking Charge. If no payment or representation is received within 28 days the outstanding debt will be forwarded to a debt recovery agency, at which point additional charges will apply in accordance with the terms and conditions of parking."
The excerpt above seems to contain some of the key elements required by PoFA 2012, such as:
1. Referring to the registered keeper: The text mentions "you, the registered keeper," which indicates that it is addressing the person responsible for the vehicle.
2. Liability of the registered keeper: The statement states that if the Parking Charge remains unpaid or the driver's name and current address are not provided within 28 days, the registered keeper will be liable to pay the outstanding charge. This is in line with the provisions of Schedule 4 of PoFA 2012.
3. Debt recovery agency and additional charges: The text mentions that if no payment or representation is received within 28 days, the outstanding debt will be forwarded to a debt recovery agency, and additional charges will apply as per the parking terms and conditions of parking.
While these elements appear to align with the general requirements of PoFA 2012, the overall compliance with the act depends on other specific requirements and details outlined in the legislation.
Under PoFA 2012, the ability to add charges to the original charge sum is outlined in Schedule 4 of the Act. According to Schedule 4, paragraph 4(5), it states:
"The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 9(2)(f) or (4) (including any unpaid charges to which that paragraph applies) less any payments towards the unpaid charges."
This means that the maximum amount that can be recovered from the RK is the amount specified in the NtK, which includes any unpaid charges, minus any payments made toward those charges. It is important to note that the specific wording and requirements may vary depending on the circumstances and the content of the NtK such as whether the original PCN was issued as a NtD attached to the vehicle or is an initial postal PCN/NtK or a PCN/Notice to Hirer (NtH) of a leased vehicle. You need to understand your rights and obligations in accordance with PoFA 2012 and any applicable regulations.
So, according to PoFA 2012, an NtK must specify the amount of the parking charge. If the NtK only states the original £100 charge and does not provide any specific details about "additional charges" that may apply, the threat of additional charges are not compliant with the requirements of PoFA 2012.
PoFA 2012 sets out specific guidelines and conditions for the recovery of unpaid parking charges from the RK. These guidelines include transparency and clarity in the NtK, ensuring that the keeper or driver is aware of the exact amount they are liable to pay.
If a parking company intends to add additional charges, they should clearly state this in the NtK, specifying the circumstances under which these charges may be applied and providing a reasonable estimate of the potential additional charges. Vague statements such as "additional charges will apply" without further explanation are not compliant with the requirements of PoFA 2012.
Also, the NtK should specify the relevant paragraph under Schedule 4 of PoFA 2012 that applies to the specific circumstances of the notice.
In the example above, where a postal NtK was issued and no NtD was attached to the vehicle, the NtK should mention that PoFA 2012, Schedule 4, paragraph 9(2) applies. This ensures that the recipient of the NtK is aware of the specific legal provisions that govern their liability and the procedures to be followed.
The purpose of including the specific paragraph reference is to provide clarity and transparency regarding the legal basis for the parking charge and the rights and obligations of the registered keeper. If the NtK does not clearly state the specific paragraph under Schedule 4 that applies to the notice, it does not satisfy the requirements of PoFA 2012.
In conclusion, the original PoFA 2012 paragraph in the example NtK, is not PoFA 2012 compliant even though it claims to be so.
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