Protection of Freedoms Bill -Update

Sirdan

AlexisV wrote: »

Well the amusing thing would be if the government and BPA set up a scheme and then 90% of tickets were cancelled on the ground of them being contractual penalties.

I can see the government pushing some half baked idea through with more holes than a colander.

Does anyone know of any other change in law that enabled private companies to fine people?

Also unless I have misunderstood this being contract law if you appeal to the "independent" adjudicator and lose they still have no actual statutory power to make you pay ?

So the PPC still has to take you into Small Claims...I think it is not beyond the realms of possibility that the properly independent County Court could reach a different conclusion than the adjudicator ...!

So in effect you get two goes at appealing ...???

I think if the RK clause ever comes into effect there will be some very very interesting court cases around privity,fair contracts,breach of contract ,trespass and contractual penalties !

bromsgrovebarry

I do not think the ramifications of this proposal have been thought through. I cannot see how the law can be bent to appease the parking 'industry' and its short-sighted clients. Oh well, back to the 'wild west'.

AlexisV

Sirdan wrote: »

Also unless I have misunderstood this being contract law if you appeal to the "independent" adjudicator and lose they still have no actual statutory power to make you pay ?

So the PPC still has to take you into Small Claims...I think it is not beyond the realms of possibility that the properly independent County Court could reach a different conclusion than the adjudicator ...!

So in effect you get two goes at appealing ...???

I think if the RK clause ever comes into effect there will be some very very interesting court cases around privity,fair contracts,breach of contract ,trespass and contractual penalties !

Yeah, sounds like it could turn out to be something like the Tenancy Disputes Service.

robredz

The governemt are all greedy troughers, they are a clueless bunch of five finger pianists, so best option is write to MP's and tell them what we think about the big PPC scam, at least we can vent our spleeen at them but they will probably ignore us and nod the PPC's meal ticket through anyway.

fb1969

Have the "powers that be" given a thought to all the other issues involved (I know that that is a stupid question).

Initially I am thinking of residential areas where I would expect the wording of the lease would rule way over and above anything a PPC think they can impose. In my own case there is no requirement in the lease for permits to be displayed, but the managing agent has empolyed a PPC and say one must be displayed (though the signs don't mention anything about permits) and that only two permits per property are given.

Then there are supermarket car parks where the original planning permission may state if there are any restrictions to the time people can park for (as we know there was a recent example of this).