Parking mad
I received a Parking Charge Notice (PCN) including photographs of my vehicle entering and leaving a carpark that alleges a parking contravention has occurred involving this vehicle due to a 72 minute extended stay in excess of the permitted 180 minutes permitted free parking. Although the vehicle was not being driven by me (I was at home when the alleged contravention occurred), the DVLA have been kind enough to supply my name and address as the registered owner/keeper of the vehicle to the company who have posted the PCN to me. I have written back to the company and explained the vehicle shown in the PCN photographs is one of several registered in my name at my address. They have persisted and posted a Final Reminder with an increased “fine” and the threat of the outstanding "debt being forwarded to a Debt Recovery Agency where you may incur additional costs." Please advise if the registered keeper / owner of a vehicle is liable in law for payment of parking contravention on receipt of a Penalty Charge Notice, even if the registered keeper was not driving the vehicle or present when the alleged contravention took place.
Asked on 16 May 2009 by
Answered by
Honest John
For traffic offences, yes. It has been ruled by the European Court of Human Rights that the registered keeper is obliged to provide the authorities with the name and address of whoever was driving the car, otherwise he has to take the punishment. But what happened here was a civil matter. A breach of contract. That is only enforceable through a civil court and you can challenge the right of the parking enforcement company to pursue you for a contractual penalty incurred by someone else. I would also like to see you or someone else sue the DVLA under the Data Protection Act for giving your personal information to another party for the purpose of issuing a contractual penalty rather than pursuing them for trespass or for damage.
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