Could anyone direct me to the.............

Whatdoiknow

legislation if there is any against a company let's say for an example Roxburghe, suggesting that the registered keeper or company whose car it is, is responsible for the actions of a driver.;)

Cheers,

Martin

steve1500

None - I have a company car. The contract clearly states that I am liable for any motoring offences, whether that be speeding, littering, and so on.

esmerobbo

This is what the BPA say!



"Whilst this is a new and untried regulation, members should be aware that sending a demand for payment to the vehicle keeper (as opposed to the driver) - without making it clear that the liability is with the driver – would fit within this regulation. Members should also be aware of the methodology used in the escalation of excess parking fees, ensuring that this escalation cannot be considered to be an ‘aggressive practice’."

"Members should therefore ensure that – for the time being – all correspondence with the vehicle keeper makes it clear that the contractual liability lies with the driver who parked inappropriately"

"2. Keeper/driver liability
2.1 Changes to Code of Practice - Part 2 Parking Tickets
The paragraph 36) C) – xviii (Parking Ticket Issue - page 10) will be amended to read:
“What will happen next if no payment or challenge is received within the time(s) allowed and any further charges that may be accrued, e.g. “the name and address of the registered keeper of the vehicle will be requested from the DVLA and a request will be sent to the keeper asking for the name and address of the driver at the time the charge was incurred””.
2.2 The paragraph 67) A) (Enforcement Action on outstanding parking tickets – Notice to Owner - page 13); this “letter to the owner” should make no reference to asking for payment but should specifically point out the details of the contravention and request that the owner furnish the details of the driver at the time the charge was incurred.
3. Implementation
3.1 Because of the importance and possible implications of this information, these amendments are to be implemented immediately. Members involved in ticketing operations should contact BPA to confirm receipt and acknowledgement of this notice, and should contact BPA again to confirm an implementation timescale within a week of sending the first e-mail."

Coupon-mad

Whatdoiknow wrote: »

legislation if there is any against a company let's say for an example Roxburghe, suggesting that the registered keeper or company whose car it is, is responsible for the actions of a driver.;)

Cheers,

Martin

Yep.

Have a look at the green headings within speechmarks in this debtline factsheet:

http://www.bdl.org.uk/images/03_ew_harassment.pdf

The quotes are from the Administration of Justice Act, this is a good quote but you'll find lots more on that link that Roxburghe and Graham White (same company) appear to breach:

QUOTE
“Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.”
QUOTE


Then there's the Protection from Harassment Act 1997 and CPUTR 2008, both worth Googling.

The Office of Fair Trading should be a main point of complaint against Roxburghe, IMHO. Then there's the SIA to report 'Graham White's practices (they already have a file on this so-called Soliciitors firm, if you can call them a firm when we know it's just Roxburghe passing themselves off as GW...).

The OFT specifically mention, in the CPUTR guidance; that any debt collection activity must comply with the CCA 1974 & 2006, and their debt collection guidance.

This quote from a thread on CAG with some relevant info about debt collection law:

1.1 The Office of Fair Trading (OFT) has a duty under the Consumer Credit Act 1974 to ensure that licences are only given to and retained by those who are fit to hold them. The Act provides that the OFT take into account any circumstances which appear to be relevant and in particular any evidence that an applicant, licensee, or their employees, agents or business associates, past or present, have:

• committed offences involving fraud, or other dishonesty or violence
• failed to comply with the requirements of credit or other consumer legislation
• practised discrimination in connection with their business
• engaged in business practices appearing to us to be deceitful, oppressive or otherwise unfair or improper (whether unlawful or not).

1.7 This guidance applies to all consumer credit licence holders and applicants.

2.2 Examples of unfair practices are as follows:
a. use of official looking documents intended or likely to mislead
debtors as to their status, for example, documents made to resemble court claims.

b. leaving out or presenting information in such a way that it
creates a false or misleading impression or exploits debtors'
lack of knowledge.


HTH

Whatdoiknow

Thanks very much people, methinks I might have a bit of fun winding these b**tards up.

Cheers,

Martin