Notice to Keeper
The formal notice to keeper is sent by a private parking company to the registered keeper of the vehicle when a charge has been issued by the parking company.
There are two reasons why a notice to keeper is sent out:
- When a notice to driver, which is the parking ticket too often see on the car has not been paid
- When a parking ticket through the post which is issued through the post use of ANPR cameras
In both of these cases company pays a fee to the DVLA in order to obtain the keepers details, requesting them to pay the charge or to name the driver at the time of the parking event.
Conditions for Keeper Liability
In 2012 the Protection of Freedoms Act 2012 (Schedule 4) introduced what is called keeper liability which meant a parking charge could be recovered from the keeper of the vehicle if it was not paid. To get keeper liability the ticket must be issued within 14 days of the parking event and have the following conditions:
- The Specific car park the ticket relates to.
- What car park the car was on.
- The time period the car was parked.
- It must advise the driver is liable for the parking charge, the amount of the charge, and that it has not yet been paid. It must state whether a notice driver was placed on the vehicle at the time of the parking event and when it was placed.
- The notice must ask the registered keeper to pay the parking charge, or if at the time he was not the driver , to give the name and address of the driver. He should also pass the notice to the driver.
- It must show who the creditor is. The credit is the company who is legally entitled to be paid the parking charge.
- The notice must advise the keeper that if the parking charge is not paid after 28 days, and the name of the driver has not been given then the creditor will be entitled to recover the cost of the parking charge from the registered keeper at the time the parking event.
- Details of any discount for paying the charge within 14 days and according to the BPA code of practice this is recommend to be 40% of the full charge.
However a lot of notice to keepers do not fully comply with the Protection of Freedoms Act (Schedule 4). If this is the case then the parking company cannot enforce keeper liability using the Protections of Freedoms Act Schedule 4. This does not mean the ticket is unenforceable..
Should you have any questions then please dont hesitate get in contact