What if the Notice to Keeper is deficient?
In order for private parking companies to have access to the DVLA keeper details, the company must be a member of an Accredited Trade Association – the British Parking Association Ltd or the Independent Parking Committee – and the company must follow the the association’s Code of Practice. If the notice to keeper does not conform to the Code of Practice, then the keeper can:
- Complain to the DVLA that the keeper’s data has been released without reasonable cause
- Complain to the BPA that the parking company in question is not adhering to the Code of Practice
- Add that fact to the appeal to POPLA
With a bit of luck, either of the following will occur:
- the DVLA might write to the company and the company may voluntarily cancel the ticket.
- the BPA might order the company to cancel the ticket.
- the BPA may write the the parking company and the parking company may voluntarily the ticket.
- POPLA might up-hold your appeal on the breach of the CoP, or for other aspects you submitted to Popla.
If none of the above occur, it is possible for a court to rule that you have breached the contract, regardless of the CoP breaches. So if the parking company is one that is known to take people to court, then you need to consider whether you wish to pay the notice or not.