The Notice To Driver is the Parking Charge Notice attached to the car by a Private Parking Company (PPC). This is usually because a parking rule breach has occurred. The Notice To Driver will usually indicate why it has been issued, by whom, and the amount they are requesting to settle the charge. Even if you decide not to pay the Parking Charge Notice it should still be retained as it may later be relied on as evidence.
Not Paying A Notice To Driver?
If you receive a Notice to Driver and you decide that you do not want to pay it, there are some points you should be aware of before doing so.
- Do not inadvertently identify the driver of the vehicle. Even though the PPC have issued a Notice To Driver, they will not actually know who the driver is, so they will not know who to pursue initially.
- Check if the PPC is a member of one of the two Accredited Trade Associations (ATA). There is the British Parking Association (BPA) and the International Parking Community (IPC). If they are not a member, then they will not be able to request the keeper data from the Driver and Vehicle Licensing Agency (DVLA). This would mean that they have no means of identifying someone to pursue for the charge.
You can find out if the PPC is a member of an ATA by going to either The British Parking Association or International Parking Community and searching for them.
If the charge is not settled by the driver, the PPC will apply to the DVLA for the keeper’s details, and send them a Notice To Keeper. The Protection of Freedoms Act 2012 (POFA) introduced the notion of Keeper Liability. If the Parking Charge Notice remains unpaid, the amount can be recovered from the keeper of the vehicle.
Notice To Driver Requirements
The requirements that should be on the Notice To Driver are:
- Which car the Parking Charge Notice relates to;
- What land the vehicle was parked on;
- The period of time the vehicle was parked for;
- How and when the parking rules were broken and/or breached;
- What the charges are for breaching the parking rules, the maximum additional costs they may pursue, and the date by which those charges should be paid;
- Any discounts for paying within 14 days. This is usually at least 40% of the full charge under the British Parking Association (BPA) Code of Practice. This means it only applies to BPA members;
- How to pay and to whom the money will be going to. This will be the creditor;
- The time and date the Parking Charge Notice was issued;
- How complaints and appeals can be dealt with.
If the Parking Charge Notice was issued to the driver it may also state the PPC may ask for registered keeper details from the DVLA. It should be noted this can only be done after 28 days since the Parking Charge Notice was issued to the driver.
If the Notice To Driver does not comply with the conditions in the POFA, then the PPC will not be able to enforce keeper liability using the POFA. However, this does not mean that the charge is not enforceable, it just means they will not use the POFA to establish Keeper Liability. Equally, just because the PPC has met the conditions, it does not mean it is enforceable either.
TLDR: Notice To Driver
- If you decide not to pay a Notice To Driver, make sure you do not identify the driver;
- Make sure that the Private Parking Company (PPC) is a member of an Accredited Trade Associations (ATA), either The British Parking Association (BPA) or International Parking Community (IPC);
- Make sure all the required information is on the Notice To Driver.
Sources used to write this article: