I think the Council (or TfL) are right; the Keeper is liable. The only get outs for that are around (a) hire cars and (b) where vehicle changed hands very shortly before/after the alleged infringement and PCN goes to vendor rather than purchaser or Vice Versa.

As FB says it is a Penalty Charge Notice for a parking or bus lane infringement. It's not a criminal matter; the whole rationale for Civil Parking Enforcement (ie by the Council/TfL etc) is to stop this stuff cluttering up Police offices and Magistrates Courts. It it's paid promptly then it's done dusted and forgotten. The only way it becomes a problem is if it's unpaid and goes to the Traffic Enforcement Centre where it will be equivalent to a County Court Judgement.

In my (extensive) experience the main reason they end up at enforcement is because they've been ignored or the Keeper has been faffing around using anything but the proper route of informal then formal representations followed by appeal to the adjudicator.

Two questions for Epabak :

(A) Can you expand on what consequences might follow for your wife and why? and;

(B) What are the grounds on which you state that you know the council can change it?

Edited by Bromptonaut on 08/03/2020 at 15:24

Hi Bromptonaut,

Thank you for the response.

With regard to question (A), unfortunately I can't disclose too much. But basically, she needs to go through a background check process for a particular matter and the organisation that is conducting the check is very particular about how the individuals in question are respecting the law. So even a very minor motoring offence like this matters.

In answer to your question (B), I called London Tribunal and they said that although it's not common, the council has the power to change the name if they with to do so.

I would state with a reasonable degree of confidence that a background check would not be able to find a promptly paid 'parking ticket' issued by a Council.

Over the last 25-30 years first in London and later outside of it parking, bus lane infringements and even some moving traffic matters like disobeying turn restrictions have ceased to be offences. Rather, they are treated as 'infringements' and are a Civil rather than Criminal matter. The fact that disputes go to either London Tribunals or The Traffic Penalties Tribunal rather than the Magistrates Court is a consequence of that change.

I think you should just pay this ASAP, preferably while you can still get a discount, and put it behind you.

If London Tribunals have said there are circumstances in which the NTO can be sent to someone other than the keeper then I bow to their knowledge. I think however that will only occur in exceptional circumstances.

We got a parking ticket in similar circumstances in Lincolns Inn about 18 months ago. I was driving my partner's Berlingo. She got the PCN and was the appellant before the tribunal (we contested it for poor marking of bays) but I represented her, with her signed authority, and went to the hearing alone

I posted a comment yesterday which I thought may be of some help. I’ve now deleted it for the following reason.

This morning I see that on the website consumeractiongroup.co.uk Epabak has posted the same question, word for word.

Edited by Dag Hammar on 09/03/2020 at 08:58