This page will help you to understand whether or not you are liable for a penalty charge issued for a parking, bus lane or moving traffic contravention. Different rules apply to the London Lorry Ban.
If you were not driving the vehicle at the time you may think that you not are liable for the penalty.
However, the various Acts which govern the issue, say that the owner of a vehicle is normally liable for the penalty charge when a contravention occurs.
It is important to remember the owner may, or may not, be the person who was actually driving at the time. If, for example, your partner, family member or colleague is driving the vehicle, this does not mean that you have stopped being the owner.
The owner is not liable for penalties incurred when the vehicle was in the control of a person without their consent, for example if the vehicle was stolen.
Who is the Owner?
The owner is presumed to be the registered keeper. However, if the registered keeper was not the actual owner at the time of the contravention, they may rebut this presumption, see below.
The local authority will usually check with the Driver and Vehicle Licensing Agency in Swansea to see who was registered as keeper of the vehicle at the date of the alleged contravention. This person will receive the formal letters and notices related to the Penalty Charge Notice during the enforcement process.
If a vehicle is immobilised (‘clamped’) or removed (‘towed away’) the person who pays to have the vehicle released will be the person who may appeal.
What about hired vehicles?
There are special rules about hire vehicles. If you hire a vehicle, you will be asked to sign (usually as part of the booking form/contract) a statement of liability for penalty charges.
In this case, you may be liable for any penalties incurred whilst it was on hire to you, if the hire company transfers liability to you.
This does not apply to bus lanes.
Click here for more information on hire agreements.
What if I did not own the vehicle at the time the contravention occurred?
If you receive a letter or a notice during the enforcement process about a vehicle you did not own when the alleged contravention occurred, you should return the representations form explaining the situation.
You should give the name and address of the person who you transferred the vehicle to, or acquired it from, and enclose a copy of any documents you have regarding the transaction.
You should do this even if you have returned a previous representation form about another Penalty Charge Notice.