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Pre 1 Oct Regulations
honeysuckle21
Posts: 2 Newbie
Can anyone please confirm that as the owner of a car ticketed by a private company in September, but not the driver on this occasion, I do not have to disclose the name of the driver? Have informed TPS that I do not need to inform them of the driver's details but they have now written and said 'we reserve the right under the civil proceedings rules to request the court make an order for the disclosure of the driver'.
Thanks.
Thanks.
0
Comments
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Spherical Objects. They are referring to a Norwich Pharmical order which does not apply in this case and they would have to stump up £225 before it was made. They have a right to request you to disclose the name of the driver but you are not under an obligation oto disclose it. In this case they are entitled to pursue the RK for the charge, and the RK can just ignore them or appeal (England/Wales only)I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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The Civil Proceedings rules that they refer to do not apply to the small claims court.
You are right, you do not have to disclose the name of the driver to them.Je Suis Cecil.0 -
They are , of course , talking utter drivel. There is no provision under the CPR for a court to make any such order. Ignore them.0
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You are not affected by the the Protection of Freedoms Act and even then there is no obligation to disclose driver details anyway.
TPS can reserve the right to do anything they like. However, the section of the Civil Procedure Rules they are alluding to (Rule 31.16) relates to the disclosure of documents. I presume like all good motorists who wear string-back gloves and flat caps, that you keep a detailed log of drivers who used your car? Not. They are trying it on - to intimidate you - ann the one important thing they are failing to tell you is that CPR 31.16 cannot be used in relation to cases on the small claims track - which is where this case would go if they were tempted to take it to court.
@ p_t_p Who is Spherical and why does he object?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.com0 -
i prefer to use this term rather than B****cksI'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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Many thanks for your replies. Will ignore and sit tight!0
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