Identifying the driver of a vehicle

[Mr Government]

Hello,

 

general question for you. Quite often more than 1 person in a household will drive a vehicle. So if a person other than the registered keeper happens to overstay there wellcome in a car park, and the regiersted keeper of the vehicle recevies one of those BS letters, are they obliged to notify who was driving the car?

 

I was under the impression that only the Police/The Highways Authority/The courts had the powers to instruct a registered keeper to identify a driver.

 

I saw this under the FOI -

Conditions that must be met for purposes of paragraph 4

 

5(1)The first condition is that the creditor—

(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.

 

We all know that there are ways around the FOI, so can any flimsy car parking company force a registered keeper to identifiy a driver? and if you cannot identify a driver of a vehicle, then surely you have no case for claim?

[filrobbo]

If its a privet company don't pay if its a council parking ticket then pay it.

[Mr Government]

I didnt say I had a ticket. I dont, and I certainly know how to fight one. Im asking about legal requirements to identify a driver of a vehicle.

[Raykay]

Prior to the Protection of Freedoms Act 2012, only the driver could be liable for an unpaid parking charge, the PPC couldn't claim from anyone else, so if they didn't know who the driver was, that was that.

 

What s.4 of POFA did was to introduce the authority that under certain conditions (s.5 on), if they don't know who the driver was, they can claim from the vehicle keeper instead.

Edited September 2, 2013 by Raykay

[filrobbo]

Sorry I thought someone driving your car had got one that's way you was asking about the legality of naming the driver

[Nimrod205]

Pardon me me for looking at this in a non-legal (simplistic) way but ....... as posted above, under the current rules of the of the FOI, Para 4, Section 5 (1)(a) The first condition is that the creditor has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges.

 

My deduction is that any PPC that is not in possession of a contract with the landowner allowing them to take legal action on the landowner's behalf has, therefore, no "right to enforce" against the driver of the vehicle or to obtain information from the DVLA.

 

Have I completely missed the point?

[themagician]

I thought you could not be made to mitigate yourself in a court of law ???????.

just a niggling thought in the back of my mind!

[ericsbrother]

it is not INCRIMINATE yourself, mitigation is your attempt to limit the damage. You are right though, self incrimination does override this requirement but by claiming that the PPC may very well assume that you were the driver. Not sure how that would go down in court if you deny it then.

[Homer67]

Since October 2102 the PPC has the right to direct any invoices to the RK of the vehicle in question if no other driver is identified.

 

This doesn't make the invoice any more enforceable

[Raykay]

Since October 2102 the PPC has the right to direct any invoices to the RK of the vehicle in question if no other driver is identified.

 

Only under certain circumstances. POFA, sch 4, s.5 onward.