5(1)The first condition is that the creditor—E+W
(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.
(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.
Commencement Information
I1Sch. 4 para. 5 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
I2Sch. 4 para. 5 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)