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Flash Park, what happens on 1st Oct 2012??

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Comments

  • HO87
    HO87 Posts: 4,296 Forumite
    edited 11 September 2012 at 12:48AM
    As C_M this has already said this subject has been done to death.

    Let's be clear.

    There is no, I repeat no, obligation contained in Schedule 4 for the registered keeper to divulge the driver's name - even if it is known to him. (Think of a large leasing company - how would they know who was driving?).

    All that the schedule allows for is for a PPC to pursue the RK instead of the driver if he fails to identify the driver. It does not mean that the RK is liable that can only be proved at court and the PPC then still has jump over the existing hurdles of proving they have sufficient legal interest in the land; that they are capable of contracting with motorists; that their signs actually convey a legal offer and that their charges are a genuine pre-estimate of their losses as opposed to unenforceable penalties.

    These requirements have proved to be a significant barrier to cases in the last few months and the POFA will not change that.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    If, come 1st October, Flash Park's website continues to incorrectly state the legal position with respect to the RK (i.e. that the RK is "obliged" to disclose the driver's identity) I can see another DVLA suspension in the offing.
    Je suis Charlie.
  • This, essentially, appears to mean that, from 1st October, the RK is a party to the contract, even if they knew nothing about it. This flies in the face of all previous rules regarding civil contracts.
    This'll be the interesting bit. And we'll only know how that pans out once a PPC attempts to take a RK to court (barring all the other obstacles in their way).
  • bazster wrote: »
    If, come 1st October, Flash Park's website continues to incorrectly state the legal position with respect to the RK (i.e. that the RK is "obliged" to disclose the driver's identity) I can see another DVLA suspension in the offing.

    Just to let you know, a friend of mine had Flashpark working for him on his pub car park in Romford, he says Flashpark were paying him £10 per ticket he gave out, but they told him they never take anybody to Court as it was not worth it. I wouldnt worry if you are a registered keeper they won't come after you anyway IT'S ALL THREATS
  • taffy056
    taffy056 Posts: 4,895 Forumite
    We know flashpark were not on the list of companies taking people to court in 2011, we have a FOI request that says so
    Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
    They are all or have been suspended from accessing the DVLA database for gross misconduct!
    Do you really need to ask what kind of people run parking companies?
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