Is this an invalid Notice to Keeper?
I’d be grateful if you could clarify that a notice to keeper (parking charge notice) must refer to a period of parking to which the notice relates, not only the time and date of issue?
Conditions that must be met for purposes of paragraph 4 (Sch4 Protection of Freedoms Act 2012).
6(1) the second condition is that the creditor (or a person acting for or on behalf of the creditor)—
(a) has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8;
8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);
….7(2)(f) specify the time when the notice is given and the date.
Time when the notice is given and the date relates to the time/date the ticket was put on the car, is that correct? If so, the notice to driver/notice to keeper must have;
1.Time of issue
2.Date of issue
3.Time period to which contravention relates e.g. 11:30am to 11:45am
Am I correct in saying this and if so is the notice to keeper invalid under Sch4 PoFA 2012 if it fails to include time period?
Apologies for the long winded query.
My view would be that by not specifying the period of parking, that does make the Notice to Keeper invalid with regards to Keeper Liability provisions of the Protection of Freedoms Act 2012. Paragraph 9 states the elements a Notice to Keeper must include, which includes “the period of parking to which the notice relates”. If it does not include that, then it does not meet the requirements, and therefore means that keeper liability cannot be established under PoFA.
However, that does not mean the ticket cannot be enforced. This makes no difference to whether the ticket enforcable against the driver, although the parking company must be able to identify him/her to enforce it…
Before PoFA was introduced, some parking companies attempted to enforce the ticket against the keeper on the basis that on the balance of probabilities they were the driver. Recently some companies have started attempting this again, perhaps because the commercial benefits of not strictly trying to meet it outweigh its benefits.
Anyway, best of luck with your ticket.