Graham White Soliciters Over Apcoa Parking Fines

bobrey

Whilst at present it can be argued that calling parking charges "fines" is incorrect we all need to be aware of the likely effect of the draft "Protection of Freedom Bill" and in particular clause 56 of Shedule 4 therein. If this is passed ,as seems likely, this will introduce measures which will make registered owners liable under law for any parking charges which parking management companies issue. To object to this measure, lobbied by the British Parking Association, sign up to e-petition 6342 at the Direct Gov website. The draft bill has received its second reading in the House of Lords this week.
Under this proposed legislation the BPA will have legal powers to get details direct from DVLA and pursue vehicle owners for "parking charges"ie fines by any other term.
You might also consider emailing your MP who after all should be protecting his constituent's freedoms

esmerobbo

^^^^
As on your other post!

The BPA approved operators already have the power to obtain the keepers details from the DVLA as long as they have £2.50! The legislation may give them the power to make a claim against the keeper, but it wont make them anymore enforceable. In fact it will make it weaker! [against the keeper]

I think you will find most of us here have signed the petition, but for those that have not! http://epetitions.direct.gov.uk/petitions/6342

Sirdan

"Under this proposed legislation the BPA will have legal powers to get details direct from DVLA and pursue vehicle owners for "parking charges"ie fines by any other term."

NO !!!

Get the keeper details -yes.

Pursue that keeper in County Court -yes.

BUT "fines" -NO ...this is still contract law or trespass ...it is not creating a statutory "penalty" i.e. fine ....

HO87

bobrey wrote: »

Whilst at present it can be argued that calling parking charges "fines" is incorrect we all need to be aware of the likely effect of the draft "Protection of Freedom Bill" and in particular clause 56 of Shedule 4 therein. If this is passed ,as seems likely, this will introduce measures which will make registered owners liable under law for any parking charges which parking management companies issue. To object to this measure, lobbied by the British Parking Association, sign up to e-petition 6342 at the Direct Gov website. The draft bill has received its second reading in the House of Lords this week.
Under this proposed legislation the BPA will have legal powers to get details direct from DVLA and pursue vehicle owners for "parking charges"ie fines by any other term.
You might also consider emailing your MP who after all should be protecting his constituent's freedoms

The BPA will gain no such power under Clause 56 nor anything to do with the Protection of Freedoms Bill. The power its members purport to exercise was incorporated in the Road Vehicles (Registration & Licensing) Regulations 2002, reg. 27 - and that is not specific to the BPA. That is not to say that Clause 56 is desirable. It is most certainly not and as currently drafted is a mish-mash that really adds little to the law as it stands but creates a number of grey areas that the BPA will undoubtedly seek to exploit in the future. It will also provide the BPA's members with a half-ar*ed power that will enable them to quote a statutory reference in their demand letters.

By all means criticise it but try to make comments accurate. Making inaccurate and potentially alarmist comments will only play into the hands of the BPA who can rightly dismiss it as ill-informed and inaccurate nonsense. Do we want to do the BPA's job for them?

juelmer

Hi,

I'm on to my first letter from Roxburghe and second in total and was wondering what happens when I sell my car, which I might do at the weekend if all goes well. I presume the letters will still come to me and the new owner won't get any of these stupid letters.

Thanks!

esmerobbo

juelmer wrote: »

Hi,

I'm on to my first letter from Roxburghe and second in total and was wondering what happens when I sell my car, which I might do at the weekend if all goes well. I presume the letters will still come to me and the new owner won't get any of these stupid letters.

Thanks!

You will still get the silly letters, the keeper details they get from the DVLA are the details they hold at the date of the "reasonable cause".
So your new buyer wont get any junk mail!

Borussia10

Hello all...my first post...:)

I'm now on my Final Warning from the lovely, adorable Graham White Solicitors.....:T

I've had numerous phone calls from 'Blocked', 'Mobile' and 'Landline' numbers.....

Do we know of anyone that has actually been taken to court? I've been advised off numerous folk through my profession that to pay would be madness and you have more chance of winning $1,000,000 from a delightful chap in Nigeria than they do of taking me to Court....

But just to put my other half's mind at rest......could anyone answer confirm either way.....???

P.S I was special...they offered me a £50 discount if I settled now! :rotfl:

Oopsadaisy

Ignore everything.

Oopsadaisy

Read the stickies.

Kite2010

Useful advise, a shame you paid to get it as it's already known that in the vast majority of cases there is no debt (the small minority is when you fail to pay & display a ticket in a car-park owned by the PPC, ie NCP, where the debt is whatever the pay & display amount was).