DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 59032--------------------------------------------------
Parking Company stating assumption
DIR By: Sander333
Date: February 20, 2025, 8:47 am
---------------------------------------------------------
A Private Parking Charge notice has been challenged and the
Registered Keeper has decided not to name the driver.
They have appealed and had a reply from the Private Parking
company, the penultimate paragraph states the parking charge
notice has been issued under contract law as a breach of parking
conditions in the UK and they can obtain keeper details under
reasonable cause criteria under the assumption of them being the
driver whereby a PCN can be issued within 6 months of the
incident date to the driver of the vehicle.
I am wondering if this is correct and whether the DVLA is aware
and condones this action. I know that these companies try
Elliott vs Loake as an assumption but this is not correct. I am
also wondering where the 6 months limit applies.
Any views before further action is taken and the matter be
addressed on Private Parking forum
[attachment deleted by admin]
#Post#: 59034--------------------------------------------------
Re: Parking Company stating assumption
DIR By: DWMB2
Date: February 20, 2025, 8:59 am
---------------------------------------------------------
Just post in the private parking forum - it'll mostly be the
same people providing advice, and taking views in the Flame Pit
then following up with a separate post elsewhere on the same
forum just needlessly complicates things. I'll move this post
there now. Please post up all the relevant details as per: READ
THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 59037--------------------------------------------------
Re: Parking Company stating assumption
DIR By: Sander333
Date: February 20, 2025, 9:08 am
---------------------------------------------------------
Was discussing a previous PCN with someone when advice was asked
for I will get them to Post up for full advice.
#Post#: 59091--------------------------------------------------
Re: Parking Company stating assumption
DIR By: b789
Date: February 20, 2025, 1:52 pm
---------------------------------------------------------
The parking company’s claim is incorrect and misleading. The
DVLA allows private parking companies to obtain keeper details
under the reasonable cause criterion, but this does not mean
they can assume the keeper was the driver. The DVLA has
previously confirmed that providing keeper details does not
imply driver liability.
There is no six-month time limit for issuing a private parking
charge under contract law. They may be confusing this with
statutory penalties (e.g., council-issued PCNs) or criminal
offences, which have a six-month enforcement period. For private
parking, the limitation period is generally six years under the
Limitation Act 1980.
Historically, the British Parking Association (BPA) required its
members to issue a postal Notice to Keeper (NtK) within 7 months
of the alleged parking contravention if they were not relying on
the Protection of Freedoms Act 2012 (PoFA) to establish keeper
liability. This timeframe was specified in the BPA's Code of
Practice and applied to operators seeking to enforce parking
charges through means other than PoFA.
If they are not relying on the Protection of Freedoms Act 2012
(PoFA) for keeper liability, then they can only pursue the
driver. Their reference to "assumption" is likely an attempt to
misuse Elliott v Loake (1982), which does not apply to private
parking cases. If they continue to claim this, a complaint to
the DVLA and their ATA (BPA or IPC) would be advisable.
*****************************************************
Page 1 of 1