Welcome letter from my local MP

Jle756

I recently wrote a lengthy letter to my local MP raising my objections to Schedule 4 of the Protection of Freedoms Bill currently in the report stage of Parliamentary debate.

I raised my concerns that the Bill essentially makes it legal for PPC's to pursue the registered keeper for parking charges arising out of an alleged contravention of terms, even if the registered keeper was not driving at the time AND THEREFORE did not enter into the alleged "contract". Now, this just does not make sense. Basic, well-established, English Contract law, rightly and sensibly holds that only contracting parties are subject to the obligations arising out of a contractual agreement. This legislation essentially makes it ok for a contracting party (the driver) to shift their obligations unilaterally to another individual (the reg'd keeper), thereby making that other individual liable. Laying aside the fact that a PPC's charges will continue to be illegal penalties even if this Bill is enacted, the scenario this Bill proposes is madness, and PPC's will relish in taking advantage of it, citing it like mad, no doubt, on their invoices to threaten reg'd keepers into paying their ridiculous demands.

I also reminded my MP that private parking companies' have a shocking public reputation as being amoral extortionists and con-artists, who wantonly threaten and intimidate innocent victims for ridiculous sums of money, which in the eyes of the law, amount to penalties are are, therefore, illegal.

I pointed out that Parliament's intention cannot surely be to enact legislation that will provide unscrupulous PPC's with some legal authority to pursue the reg'd keeper for monies that are, and will still be, illegal penalties. PPC's will take advantage of this legislation, I pointed out, to further intimidate victims by citing it in their demands alongside their (empty!) threats of CCJ's, bailiffs, damaged credit ratings etc all decorated with an official-looking template.

I received a prompt response from my local MP, who, it should be pointed out (considering it's a rarity for politicians these days), has a well-established reputation of being trustworthy, honest and reliable. And he has assured me that he will bear my concerns in mind when the Bill is debated, and interestingly, he stated that he has good reason to "imagine that my front bench will take the same position as yours".

The regulars on here already know all of this, and have been petitioning their own MP's to this effect. But I think that publicising our cause as often as possible on this forum can only be a good thing, and I'd urge anyone who hasn't yet contacted their MP to do it asap! Contacting them is simple. Go to: http://www.writetothem.com/

MP's are there to represent us (allegedly, in some cases), so we must make sure that they are aware of our concerns!

robredz

I have also contacted my MP, and raised the issue of turning the principle of Privity on it's head, by binding third parties into a scammers invoice, we will see what he says

MichaelCR

I contacted my local MP Earlier today, Will let you guys know more when i here back

MichaelCR

I received a Response in less then 24 hours ! Very impressed i must say, Heres what i got in reply.

Dear Michael,

Thank you for contacting me about proposals in the Protection of Freedoms Bill which would make the registered keeper liable to be pursued for unpaid parking fines. I understand your concern over this issue but let me assure strict safeguards are in place to protect against misuse of the scheme.

The Government is proposing to ban wheel clamping on private land. Private parking companies will therefore have to enforce parking on private land through ticketing. To allow them to do so effectively, the Government is considering broadening the ability of landowners who use parking control companies to pursue the keeper of the vehicle for unpaid fines.

You will be pleased to learn that there are various safeguards. Private parking companies who wish to receive information from the DVLA about the registered keeper of a vehicle must be a member of a DVLA Accredited Trade Association and abide by its Code of Practice. The Code of Practice sets conditions on signing and maximum fine levels and is there to make sure that drivers are treated fairly when parking on private land and that a complaints procedure is in place if they feel they have been treated unjustly. If a company does not abide by the Code of Practice they risk losing their accreditation and will be unable to access information electronically from the DVLA. In addition, the Transport Minister Norman Baker is working with the British Parking Association to establish an independent process for challenging tickets issued for parking on private land.

I welcome clarification that if the keeper of the vehicle was not the driver at the time in question, they may give the name and address of the individual who was driving so this person can be pursued for payment instead.

The Government has promised to end the war on motorists that existed under the previous administration and I am confident proper safeguards have been put in place to protect drivers' rights in the UK.

Thank you again for taking the time to contact me.

Warm Regards,

Nadhim

Jle756

Glad to hear that you received a speedy response, but it is a shame that your MP doesn't understand that PPC's do not, and cannot, issue fines.

Coblcris

What poppycock.
That reads to me that it was prepared by the BPA.

As for "and maximum fine levels" this MP needs some education.

Coupon-mad

MichaelCR wrote: »

I received a Response in less then 24 hours ! Very impressed i must say, Heres what i got in reply.

Dear Michael,

Thank you for contacting me about proposals in the Protection of Freedoms Bill which would make the registered keeper liable to be pursued for unpaid parking fines. I understand your concern over this issue but let me assure strict safeguards are in place to protect against misuse of the scheme.

The Government is proposing to ban wheel clamping on private land. Private parking companies will therefore have to enforce parking on private land through ticketing. To allow them to do so effectively, the Government is considering broadening the ability of landowners who use parking control companies to pursue the keeper of the vehicle for unpaid fines.

You will be pleased to learn that there are various safeguards. Private parking companies who wish to receive information from the DVLA about the registered keeper of a vehicle must be a member of a DVLA Accredited Trade Association and abide by its Code of Practice. The Code of Practice sets conditions on signing and maximum fine levels and is there to make sure that drivers are treated fairly when parking on private land and that a complaints procedure is in place if they feel they have been treated unjustly. If a company does not abide by the Code of Practice they risk losing their accreditation and will be unable to access information electronically from the DVLA. In addition, the Transport Minister Norman Baker is working with the British Parking Association to establish an independent process for challenging tickets issued for parking on private land.

I welcome clarification that if the keeper of the vehicle was not the driver at the time in question, they may give the name and address of the individual who was driving so this person can be pursued for payment instead.

The Government has promised to end the war on motorists that existed under the previous administration and I am confident proper safeguards have been put in place to protect drivers' rights in the UK.

Thank you again for taking the time to contact me.

Warm Regards,

Nadhim

This is utter rubbish - you must repond and put him right as it's deluded MPs like him who could mean that Schedule4 gets through!

esmerobbo

Its worrying these muppets are running the country!

"You will be pleased to learn that there are various safeguards."

Ohh like the BPA are going to look after us, then we have nothing to worry about folks!:(

Maybe he needs to be reminded of the criminal charges and OPC's loss of accreditation, errm how long was it 2 weeks!! Even then they gained info backdated from when they where banned!!

Hopefully the house of lords will see this for what it is and lash it back at the commons!

esmerobbo

Thought I would add the response I received from my MP when I wrote when the bill was first published.

Dear Esmerobbo,

Interesting points, thank you for bringing it too my attention!

Regards

Louise Ellman.

robredz

Obviously the MPs are so ensconced in the "Westminster Bubble", with it's excellent public transport and services, and the rapacious Westminster CC that charges motorcyclists to park, that they want to share the pain by imposing more muppetry from the PPC industry on us all....

prowla

I recently wrote to our MP, who was parachuted in at the last election and seems to be grandstanding on big issues, to ask what he is doing for the local area.

I received a sharply worded reply saying that if I wanted to know what he was doing I should find out for myself, and basically sod off!

(I voted for him in the last election...)