Penalty charges (not car parks)

TrickyWicky

No they couldn't without your name and address. Unless they're a police officer, PCSO, council officer etc they have no legal power to stop you and collect this information.

AlexisV

Yeah, I'm not saying they would be able to, but if they could somehow get you sat in a court room the judge could agree that you have caused them x amount of loss through your actions.

They could take down your car details and get the RK's address from the DVLA and then pay a visit, for example. If they really could be bothered.

halibut2209

I agree, but it wouldn't be a fine or a penalty which is what the sign states

robredz

As in the parking scam, it is whatever the contract contained in the T&Cs when you pay to play says. If there is mention of a fine or penalty, in them then I don't think they could sue for the £1,000 penalty, but would have to go after any consequential loss as per AlexisV in post#11

Gordon_Hose

Press it and find out.

Sirdan

TrickyWicky wrote: »

No they couldn't without your name and address. Unless they're a police officer, PCSO, council officer etc they have no legal power to stop you and collect this information.

Yes except that all the legislation I have seen pertaining to Council "officers" creates an offence of not supplying your name and address but gives them no powers to detain you if you refuse or if they believe you have made it up !!

So if you refuse ? They call the Police and by the time they arrive (if they even agree to attend) you will have left the scene (assuming you are not at home).
If they don't believe the details you give ? Er, not sure the Police are going to attend for that ..so once again the offence exists but the means to enforce it is practically non existent !

Stigy

Sirdan wrote: »

Yes except that all the legislation I have seen pertaining to Council "officers" creates an offence of not supplying your name and address but gives the no powers to detain you if you refuse or if they believe you have made it up !!

So if you refuse ? They call the Police and by the time they arrive (if they even agree to attend) you will have left the scene (assuming you are not at home).
If they don't believe the details you give ? Er, not sure the Police are going to attend for that ..so once again the offence exists but the means to enforce it is practically non existent !

Indeed. Except in the case of Railway revenue offences. Under s.5(2) of the Regulation of Railways Act 1889 and officer of the railway may detain someone that, after having failed to pay their fare, refuses to provide their name and address, until they can be brought before justice (ie; the Police). Staff tend not to exersize this one as TOCs dont like the potential comeback on them if it goes wrong!

Sirdan

Stigy wrote: »

Indeed. Except in the case of Railway revenue offences. Under s.5(2) of the Regulation of Railways Act 1889 and officer of the railway may detain someone that, after having failed to pay their fare, refuses to provide their name and address, until they can be brought before justice (ie; the Police). Staff tend not to exersize this one as TOCs dont like the potential comeback on them if it goes wrong!

Except...? No, there is no exception last I checked Railways staff are not Council officers , which is whom I was referring to in my post.

halibut2209

Gordon_Hose wrote: »

Press it and find out.

My son very nearly did. A big shiny red button next to the console which says "Do not press". Who could resist?

Stigy

Sirdan wrote: »

Except...? No, there is no exception last I checked Railways staff are not Council officers , which is whom I was referring to in my post.

I was reffering more to TrickWicky's post before yours. Sorry.