Parking Ticket Help

Coupon-mad

I would reply and say 'I have no idea who the 'diver' was but I do know you have no recourse to keeper liability since you appear to have no idea what constitutes a Notice to Keeper under the POFA 2012 Schedule 4. You are wasting my time and alleging a contract exists but without any idea who the party was that you think your client contracted with. That is no excuse for harassing me just because I happen to be the registered keeper of the vehicle - it is you who is refusing to co-operate.

For the avoidance of doubt - there was no valid contract anyway as there was no express consent obtained and a lack of information provided (and not by any durable medium). The method used was at best, reliant upon implied consent from signs and does not meet the new 'Information' and 'express agreement' criteria for UK consumer contracts. This changed in June 2014 with the introduction of the Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013. I am sure you should be familiar with that legislation and have read the Law Society's practice note on the Regs since this also affects Solicitor/client contracts, especially those not concluded face to face:

http://www.lawsociety.org.uk/advice/practice-notes/consumer-contracts-regulations-2013/

Without express consent for an immediate 'service contract', and without the level of information required by statute, any consumer contract is unenforceable. There are few exemptions and parking contracts are not exempt. I suggest you refer to the EU Guidance Notes on the original Directive, to see that a service contract offering a parking space is covered by the regulations that your client appears to have breached. As such, I hereby cancel the alleged contract so that all obligations on both sides are terminated.

If the significance of this statement escapes you, I suggest you should read the Regulations in full and take on board the current drive by the EU within the Consumer Rights Directive, to bring all consumer contracts under one umbrella of protection for the consumer.

Anjunadeep

Thanks. Should I report them to the Solicitors' Regulation Authority? And regarding Section 4 of the POFA, what is the exact wording I could copy and paste from the act which states they have to wait 28 days before contacting the DVLA? I kind of what to put it there for them to read so it's clear as day they are in the wrong and cannot put it down to my 'interpretation' of the act...

bazster

Yes, report them to the SRA for pursuing you for payment when they know you are the wrong person, and also because they are in breach of the Data Protection Act by alleging keeper liability where there is none.

I gave you the exact wording from the Act earlier in the thread.

Also complain to DVLA that your details have been requested and misused by Trethowans in contravention of the Data Protection Act, specifically they are alleging you are liable as keeper even though they failed to comply with the requirements of PoFA 2012 Schedule 4.

Anjunadeep

Ah yes you did, thanks.

Do you think by reporting them to the SRA and complaining to the DVLA, it would persuade them to drop the issue and prevent it going to court?

bazster

Anjunadeep wrote: »

Ah yes you did, thanks.

Do you think by reporting them to the SRA and complaining to the DVLA, it would persuade them to drop the issue and prevent it going to court?

No idea I'm afraid, but making yourself as indigestible as possible will not help their appetite!

sparky260500

I really don't understand why so many people are trying to get off these parking tickets you knew that you were parked in a staff only car park so just pay the fine and stop trying to find ways of getting out of it.

blinkybill83

Hi

Just curious if anyone has had experience with a private parking body in regards to not paying the ticket and finally being taken to court.

I would like to know how much these court fees/costs might be for a matter like this?

Umkomaas

sparky260500 wrote: »

I really don't understand why so many people are trying to get off these parking tickets you knew that you were parked in a staff only car park so just pay the fine and stop trying to find ways of getting out of it.

Which 'fine' is that? I don't see anything imposed by a court in this thread. Have you incorrectly posted here?

Umkomaas

blinkybill83 wrote: »

Hi

Just curious if anyone has had experience with a private parking body in regards to not paying the ticket and finally being taken to court.

I would like to know how much these court fees/costs might be for a matter like this?

If you want advice on your query, please start a new thread of your own (not hijack someone else's) and you will have help there.

Anjunadeep

sparky260500 wrote: »

I really don't understand why so many people are trying to get off these parking tickets you knew that you were parked in a staff only car park so just pay the fine and stop trying to find ways of getting out of it.

Try actually reading the thread, it may help you understand.