Wheel-clamping on private land banned from today.

bazster

The DfT, and its agency the DVLA, have been on thin ice for some years in their refusal to acknowledge that the entire private parking "industry" has no legal foundation. This fudged and feeble definition of a "landholder" is their latest attempt to defend the indefensible.

However, they are slowly but surely being forced to acknowledge the truth. For example, the very same document you refer to contains an acknowledgement that PPC charges are unenforceable unless they represent a "genuine pre-estimate of loss". This alone ought to be sufficient to blow the whole racket apart. As someone memorably said here or on PePiPoo, "it's the elephant in the room with it's feet up on the table which no-one has noticed yet".

[Deleted User]

Ah, thanks for that and just re-read it as it actually states

"This guide uses the term “landholder” to mean either a private landowner or an agent (or agents) properly authorised by the landowner to manage and enforce parking on the land in question."

My bold again, so the guide uses that definition but the law doesn't, hmmm.

surfboy1

[quote=[Deleted User];56275783]Ah, thanks for that and just re-read it as it actually states

"This guide uses the term “landholder” to mean either a private landowner or an agent (or agents) properly authorised by the landowner to manage and enforce parking on the land in question."

My bold again, so the guide uses that definition but the law doesn't, hmmm.[/QUOTE]

You also have to ask ,what is their definition of "properly authorised"? hmmm!

[Deleted User]

surfboy1 wrote: »

You also have to ask ,what is their definition of "properly authorised"? hmmm!

I asked the DfT for clarification on their definition of “landholder”

This is their response.

"I can confirm that this is the definition within the guidance. However if you are seeking legal clarity with regard to the function of the “agent” in the context of the “landholder” definition, may I suggest you seek your own legal advice. It would not be appropriate for the Department for Transport to interpret the law or give legal advice to the general public.
I hope this explains the position"



Make of that what you will.