No Keeper Liability - No POFA Equivalent in Ireland
Ireland has no equivalent to the UK Protection of Freedoms Act 2012 Schedule 4. Private parking operators cannot pursue the registered keeper unless they prove (a) a contract with the driver and (b) driver identity. The keeper is not obliged to nominate the driver. Without driver identification, private parking 'charges' on private land are unenforceable.
Legal basis
No statutory keeper liability for private parking in Ireland (cf. POFA 2012 in UK only); contract formation principles; ParkingEye Ltd v. Beavis [2015] UKSC 67 - persuasive only.
How to identify this in your case
Any 'parking charge notice' from a private operator (APCOA, ParkRite, NCPS, ePark, Smart Parking, Premier Park) on private land where you weren't the driver, or where you decline to identify the driver.
Sample appeal wording
To: [Private Parking Operator] Re: Parking Charge Notice [NUMBER] Vehicle: [REG] 1. I do not admit being the driver. I am the registered keeper only. 2. There is NO statutory keeper liability in the Republic of Ireland for private parking charges. Ireland has no equivalent of the UK Protection of Freedoms Act 2012 Schedule 4. The Vehicle Clamping Act 2015 regulates clamping only, not non-clamping parking charges. 3. Your remedy, if any, is a claim in contract against the driver. I am not obliged to identify the driver and I decline to do so. 4. Without identifying the driver, you cannot prove (a) the formation of a contract or (b) breach. The PCN is unenforceable as against me. 5. Any further demand, threat of court proceedings, or report to a credit reference agency will be reported to the Competition and Consumer Protection Commission as a misleading commercial practice contrary to ss.43-46 Consumer Protection Act 2007. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Consumer Protection Act 2007
- https://www.ccpc.ie/