Help: New law on parking and Registered Owners

surreyabc

I was just checking the situation on parking fines on private land.
The new legislation Protection of Freedoms Bill 2010-12 states that if you are the registered owner of the vehicle
in question you are liable for any fine that the driver incurs.
As far as I can tell this has now been passed into law.
However the part about wheel camping has not come into effect!
Can anyone confirm that the law on details of the keeper has come into effect already!!
Thanks have received a fine yesterday

Many thanks :eek:

ManxRed

No, it comes into effect on 1st Oct. And it only transfers liability to the RK, not the owner, if the RK fails to divulge the identity of the driver within 28 days.

And even then the charge itself is still an unenforceable contract penalty.

So relax.

bazster

1. It's not the registered owner (there is no such thing) it's the registered keeper - not necessarily the same person as the owner.

2. Under the new law, the RK might be liable if they can't find out who the driver was - but the parking company still faces all the usual hurdles of not being a party to the contract, lack of contract due to signage issues, unenforceable penalty, unfair contract terms and so on.

3. None of the new Act (clamping or RK liability) comes into effect until 1st October.

Have you got a real fine from a local authority (in which case deal with it i.e. appeal it or pay it) or have you merely got an unenforceable invoice from a private parking company? (in which case ignore it).

Coupon-mad

surreyabc wrote: »

I was just checking the situation on parking fines on private land.
The new legislation Protection of Freedoms Bill 2010-12 states that if you are the registered owner of the vehicle
in question you are liable for any fine that the driver incurs.
As far as I can tell this has now been passed into law.
However the part about wheel camping has not come into effect!
Can anyone confirm that the law on details of the keeper has come into effect already!!
Thanks have received a fine yesterday

No you did not receive a fine yesterday.

Just ignore the whole thing, as usual with these fake PCNs. The registered keeper 'thing' only comes in from October 1st and only for PPCs (private parking companies) who are BPA AOS members. It will not be retrospective so your fake ticket is like all the others on this forum.

This is a private company with an unsolicited invoice, a piece of paper dressed up to impersonate a parking ticket.

Tick off the threatening letters Here.

Watchdog clip with expert Solicitor's opinion here.

Barrister's opinion here.

After 1st October it will just mean that we can have more fun, encouraging newbies like you to appeal their fake PCNs (from BPA AOS members only) to the POPLA appeals service and then ignoring them! Costs each PPC £32+ for every case and costs the motorist nothing, with no binding decision against motorists either. What's not to like about something that forces PPC World into a route they don't want, scrutinising their paperwork and signs in a way they will want to avoid, and at a cost they hate! PPC World is spitting feathers over this!

Or the faint-hearted could just ignore the whole scam, as now, if they don't want to try to POPLA route. The new law doesn't suddenly make a fake PCN enforceable, it just means that you can't say 'I wasn't driving' unless you also name the driver & give their address (so they can then ignore the scam).

If anyone gets a windscreen ticket from a private firm who is not a BPA AOS member then they must simply ignore it as the PPC will not be allowed to get registered keeper's data at all nor have registered keeper liability at all. That part of the law simply does not apply to them. If you write you are giving them an address that they never would have been able to get.

NOWT to worry about either before 1st October, or after. Get ready to play snap with each letter that matches the pics in the link.

HTH