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#Post#: 59064--------------------------------------------------
Re: National Parking Contol ignores Transfer of liability up to
court now
DIR By: b789
Date: February 20, 2025, 11:46 am
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--- Quote from: gimpel link ---
>
> Please note that we comply with the Protection of Freedoms Act
2012 (POFA).
>
> With the address you have provided, we cannot conveniently
contact the driver as we only have power to enforce within the
UK.
>
> This means that we are unable to take steps to enforce against
the driver. According to POFA, if we are unable to take steps to
enforce against the driver of the vehicle, we have the right to
recover any unpaid parking charges from the keeper of the
vehicle (Schedule 4 Para 4(1)).
--- End Quote ---
The dumb bint has referred to para 4(4)(1) of PoFA. There is no
paragraph 4(4)(1). Paragraph 4(4) only relates to:
--- Quote ---
> Right to claim unpaid parking charges from keeper of vehicle:
>
> The right under this paragraph may only be exercised after the
end of the period of 28 days beginning with the day on which the
notice to keeper is given.
--- End Quote ---
She has completely ignored paragraph 5(1)(a) and (b):
--- Quote ---
> [i]Conditions that must be met for purposes of paragraph
4[/I]:
>
> 5(1) The first condition is that the creditor—
>
> [indent](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.[/indent]
--- End Quote ---
She only reinforces the bleedin' obvious that these firms are
staffed by intellectually malnourished incompetents.
Just to let you know, I just mentioned this one to a judge and
he thought it was joke until I explained that they had already
initiated a claim.
For fun, you should send the following in response ( assuming
that that is even a real persons name:
--- Quote ---
> Subject: Formal Complaint Regarding NPC’s Unlawful Processing
of Keeper Data and Failure to Adhere to PoFA
>
> Dear Ms Sparrowhawk (if that is indeed your real name),
>
> I am writing in response to your wholly inadequate and legally
illiterate reply to my formal complaint regarding National
Parking Control’s (NPC) flagrant breach of the Protection of
Freedoms Act 2012 (PoFA) and its continued misuse of DVLA keeper
data in direct violation of its KADOE contract.
>
> Your response is riddled with inaccuracies, a fundamental
misunderstanding of PoFA, and a disturbing disregard for basic
legal principles. Given your role as “Head of Customer
Services,” one would expect at least a rudimentary comprehension
of the law underpinning your company’s operations. Instead, you
have cited non-existent provisions, ignored statutory
obligations, and doubled down on NPC’s unlawful behaviour.
>
> Let us dissect your errors one by one.
>
> 1. Failure to Adhere to PoFA and Unlawful Resubmission of the
Notice to Keeper
>
> Your email asserts that because NPC is “unable to conveniently
contact the driver,” liability reverts to the keeper. This is an
entirely fictitious assertion, devoid of any basis in PoFA.
>
> 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 you with both the name and a valid, serviceable U.S.
address for the driver, thereby discharging my liability.
>
> You are seemingly under the delusion that a serviceable
address must be in the UK. Nowhere in PoFA does such a
requirement exist. Your refusal to accept an international
address is nothing more than a convenient excuse to continue
your harassment of the wrong party.
>
> Furthermore, PoFA does not permit the reissuing of a Notice to
Keeper once liability has been transferred. NPC’s decision to
disregard the lawful transfer of liability and proceed against
me is a flagrant abuse of process and will not go unchallenged.
>
> 2. Legal Violations & Misuse of Keeper Data
>
> Your actions constitute clear breaches of your KADOE contract
with the DVLA. By continuing to process my personal data and
pursuing me for a charge I am not liable for, NPC has engaged in
unlawful data processing.
>
> As per the KADOE contract, registered keeper data may only be
accessed and processed for legitimate enforcement purposes where
liability for the parking charge exists. Given that I am not
liable under PoFA, NPC’s continued retention and use of my data
is both unlawful and a clear breach of your contractual
obligations.
>
> I will be escalating this to the DVLA’s compliance team, as
NPC’s actions warrant an urgent review of whether you should
retain access to keeper data at all.
>
> 3. Complete Fabrication of PoFA Provisions
>
> You reference “Schedule 4, Paragraph 4(1)” in an attempt to
justify NPC’s misconduct. No such provision exists. If you are
going to attempt to use PoFA to defend your unlawful conduct,
you might at least make the effort to cite an actual section of
the statute.
>
> Paragraph 4(4), which I assume is what you meant to reference,
merely states that a parking operator’s right to claim against
the keeper arises after 28 days if liability has not been
transferred. Given that liability was transferred in accordance
with PoFA, NPC never had the right to pursue me in the first
place.
>
> Your misrepresentation of PoFA demonstrates a staggering level
of incompetence and reinforces why NPC’s conduct needs to be
scrutinised by regulatory bodies.
>
> 4. NPC’s Reliance on the IPC as a Shield from Accountability
>
> You suggest I take my complaint to the IPC. The very notion is
laughable. As you are well aware, the IPC is an utterly
discredited entity that functions more as a rubber stamp for its
members than as a genuine regulator.
>
> The Private Parking Single Code of Practice (PPSCoP) is quite
clear in stating that PoFA must be adhered to. NPC has failed to
do so, meaning this matter is for the DVLA, the ICO, and
potentially the courts, not the IPC.
>
> 5. Formal Demands & Next Steps
>
> NPC is now on notice that I will escalate this matter further
unless the following actions are taken immediately:
>
> [indent]1. Cease all unlawful processing of my data. You are
in clear breach of PoFA and have no legitimate grounds to retain
or use my personal information.
> 2. Confirm that you have cancelled this charge in full. Given
that liability was transferred, there is no legal basis for
pursuing this claim.
> 3. Provide an explanation for your blatant misinterpretation
of PoFA. Your inability to grasp the basic tenets of the very
law you are attempting to rely on raises serious concerns about
NPC’s competence and integrity.
> 4. Discipline Ms Sparrowhawk for her demonstrable failure to
comprehend statutory law. Assuming that she exists, her complete
lack of understanding of PoFA suggests she is wholly unqualified
for her role. If she is a fabricated persona, NPC’s decision to
respond to legal complaints under a false name further
underscores the deceitful nature of your operations.
> 5. Confirm that a full investigation has been launched into
NPC’s misuse of keeper data. The DVLA will be informed of your
actions, and unless corrective measures are implemented, your
access to keeper data should be revoked.[/indent]
>
> Failure to comply with the above will result in immediate
escalation to the DVLA, the ICO, my MP, and further legal
scrutiny. Given that this matter is already subject to
litigation, NPC’s continued misconduct will only serve to
strengthen my position in court and increase the likelihood of
costs being awarded against you for unreasonable behaviour. Your
flagrant disregard for the law will not go unnoticed or
unchallenged.
>
> I expect a full written response within 7 days. If NPC fails
to act, I will have no hesitation in pursuing all available
legal and regulatory avenues to hold you to account.
>
> Final Warning
>
> NPC’s continued pursuit of this charge in defiance of PoFA and
the KADOE contract is nothing short of vexatious litigation.
Given that this claim has already been issued and defended in
the county court, your ongoing misconduct will only serve to
reinforce my position in proceedings. While I do not seek an
immediate strike-out, I fully expect your legal representatives
to discontinue before they have to pay the hearing fee, as is
your standard modus operandi. However, such a late
discontinuation will not prevent me from applying for a costs
order against NPC for unreasonable behaviour, including your
refusal to acknowledge a legally valid transfer of liability.
>
> Your ignorance of the law will not shield you from the
consequences of your actions. Consider this your final
opportunity to correct your misconduct before I escalate this
further.
>
> Yours sincerely,
>
> [Your Name]
--- End Quote ---
#Post#: 63816--------------------------------------------------
Re: National Parking Contol ignores Transfer of liability up to
court now
DIR By: David_1234
Date: March 23, 2025, 10:42 am
---------------------------------------------------------
Do you have an update on this?
I've encountered a similar issue and am wondering if it's worth
fighting it.
#Post#: 63818--------------------------------------------------
Re: National Parking Contol ignores Transfer of liability up to
court now
DIR By: b789
Date: March 23, 2025, 11:05 am
---------------------------------------------------------
It's possibly a bit early to have moved on much with this case.
I suggest you either try and contact
[member=4464]gimpel[/member] by PM or, as I have done above, use
their username preceded by an "@" symbol which should
automatically notify them at the email address they registered
with that someone has mentioned them in a post.
[member=4884]David_1234[/member], if you have a similar (or not)
case, you should start your own thread so that you can receive
specific advice tailored to your situation.
Cases that reach litigation can take well over a year to reach
their conclusion.
#Post#: 63823--------------------------------------------------
Re: National Parking Contol ignores Transfer of liability up to
court now
DIR By: mickR
Date: March 23, 2025, 11:18 am
---------------------------------------------------------
you could reply using an alias like...
Ivor Eagle
#Post#: 63861--------------------------------------------------
Re: National Parking Contol ignores Transfer of liability up to
court now
DIR By: gimpel
Date: March 23, 2025, 2:05 pm
---------------------------------------------------------
Sorry for not replying yet just didn't have the time to right a
proper response
I'll get back to this late at night or tomorrow morning
#Post#: 77102--------------------------------------------------
Re: National Parking Contol ignores Transfer of liability up to
court now
DIR By: gimpel
Date: June 18, 2025, 6:37 pm
---------------------------------------------------------
Hi
I received a court date for this which is on the 23/06/25 can
you please help me what to say by the court
Thanks
#Post#: 77108--------------------------------------------------
Re: National Parking Contol ignores Transfer of liability up to
court now
DIR By: jfollows
Date: June 19, 2025, 12:30 am
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What documents have you received since 23 March?
#Post#: 77148--------------------------------------------------
Re: National Parking Contol ignores Transfer of liability up to
court now
DIR By: gimpel
Date: June 19, 2025, 6:35 am
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Nothing really besides court papers
#Post#: 77149--------------------------------------------------
Re: National Parking Contol ignores Transfer of liability up to
court now
DIR By: jfollows
Date: June 19, 2025, 6:51 am
---------------------------------------------------------
--- Quote from: gimpel link ---
>
> Nothing really besides court papers
>
--- End Quote ---
Such as?
Sorry, but you want help but you leave a huge 3 month gap here,
the details of the “papers” might be important.
You say you want help by next Monday but you’re not forthcoming
with any details.
#Post#: 77152--------------------------------------------------
Re: National Parking Contol ignores Transfer of liability up to
court now
DIR By: gimpel
Date: June 19, 2025, 7:02 am
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questioner for court details regular stuff nothing special
sorry double sent
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