Private Parking Company demanding driver information by threatening the ‘Norwich Phar

Pacemaker1000_2

also found this:

There are many reasons why the talk of Norwich Pharmacal orders by PPCs is abject nonsense.
Just some of the problems for PPCs are:

- the RK has to be mixed up in or facilitate the "wrongdoing", even if it can be proved "wrongdoing" has taken place

- they pay the costs of the RK in finding out the information, with no guarantee of getting them back, as well as their own costs of seeking the order (which would be considerable)

- the orders cannot be used as a fishing expedition, which of course in this instance they would be. See the Arab Satellite case.

- the party ordered must be capable of providing the information - with multiple drivers this may be impossible

- the orders are a last resort and the PPC must have exhausted all other remedies

- there are all sorts of human rights issues involved which would make it extremely unlikely that a county court judge would or indeed could ever make such an order

also :

The person seeking the court order must have a genuine intention of commencing proceedings.

Pacemaker1000_2

Be fun to reply telling them that further correspondence by themselves or others acting on their behalf on the matter would be breach of contract and liable to a penalty charge!

esmerobbo

I think their office keyboard monkey has maybe taken too many Pharmaceuticals! That letter has got to be worthy of a complaint! Its pure intimidation. As well as being a load of b0ll0cks!

sarahg1969

Even if they could apply for a NPO, they'd have to pay the Defendant's costs, so it's nothing to worry about.

Pacemaker1000_2

I agree this is 'intimidation'. Any further correspondence with these comedians would purely be for my enjoyment.

A response could be along the lines:

You state that:

‘as Registered Keeper you have the necessary information about the identity and contact details of the driver to enable us to recover the amount due from that driver. We therefore require you to provide us with the name and address of the driver of the vehicle on the date and at the time when the vehicle was parked in the above-named car park, within the next seven days.

I demand that you rescind this allegation! As I was not present at the time of the alleged incident you cannot make such a statement. As there is more than one person entitled to drive said vehicle you must first identify which person you are requesting I supply information on.

I also insist that you supply
1. Evidence that the driver parked the vehicle at the location you indicated
2. Evidence that the driver noticed your signage
3. Evidence that the driver read, understood and agreed to abide by the conditions in your notice
4. Evidence that the driver did not visit one of the allowed premises at ‘any’ time during the time that parking occurred and break your conditions.

Supplying the above will not facilitate me providing you with the name and address of the driver which, as I have already stated, I am also under no obligation to disclose.

Should you decide to seek a Norwich Pharmacal Order you do so on the understanding that you will solely be responsible for any costs involved.
Do not contact me to request any information prior to a court hearing as I will only reveal what is requested of me by the court, not yourselves, on the day of the hearing.
Note that should you be unsuccessful in obtaining said Order you will be liable for my costs.


You are also deemed to have read, understood and agree to the following notice.

NOTICE

Correspondences to me or any other person sent to the above address by yourselves or any other party acting on behalf of or instructed by you MUST clearly be marked on both sides as ‘Junk Mail Do Not Open’

Failure to abide by these terms and condition will result in a penalty charge payable by yourselves within 7 days carrying a minimum fee of £100 per correspondence.

backfoot

The beauty of this is that by using Norwich Pharmacal Order they have shot themselves horribly and painfully in the foot.

No one (except us) will have heard of this and will google it. On Page 1 of the search are MSE references and parking. Delving down the PPC victim will quickly realise that its another pathetic pretend sanction. A bit more research and we have another convert along with their friends and families.

They are so dreadfully dense.:rotfl:

Fergie76

backfoot wrote: »

They are so dreadfully dense.:rotfl:

Stop giving them undue credit, their not that bright!

spike7451

I would tell them to file their papers where the sun don't shine for two reasons;

Freedom of information act


Personal Security

Sirdan

spike7451 wrote: »

I would tell them to file their papers where the sun don't shine for two reasons;

Freedom of information act


Personal Security

Care to explain how either of those points are relevant ?

esmerobbo

Mentioned this Norwich Pharmacal threat to a friend of a friend who is a solicitor last night, whilst having a sherbet or two. After he stopped laughing, he said it would cost them at least £400 and if it was allocated for a longer hearing by the Judge could cost thousands!

Even giving some of them are a bit dense I cant see many spending £400 plus to claim £100!!

He then went on to say if I get a invoice in the future tell them it was him driving, He said he could do with a laugh! [I don't think he was serious solicitors don't lie do they] Oh hang on Graham White?