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Hypothetical question

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If I use one of the car parks but don't overstay the 'allowed time', My girlfriend then goes back to the same car park 30 minutes later in my car and does the same. None of us are aware that the other went. When I get the 'invoice' as the vehicle owner, should I then say that I was the driver between time a>b and she drove it time x>y?
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Comments

  • Umkomaas
    Umkomaas Posts: 43,291 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Wait for the NtK and appeal as the keeper. No one needs to know who was driving.

    Assuming your hypothetical is about a private parking charge.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • bod1467
    bod1467 Posts: 15,214 Forumite
    You simply appeal as RK using the wording from the NEWBIES thread, and perhaps add another point that there were two visits to that car park by the same vehicle but two different drivers. (But NOT identifying any driver).

    (This assumes the car park T&Cs has a "no return in X time" term, otherwise you'd have a classic double-dip scenario - ANPR captures first entrance and last exit).
  • Stonker
    Stonker Posts: 577 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Cool. It is pretty hypothetical but it was playing on my mind. It may genuinely happen one day who knows, we actually have 3 drivers and all use Aldi
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Stonker wrote: »
    Cool. It is pretty hypothetical but it was playing on my mind. It may genuinely happen one day who knows, we actually have 3 drivers and all use Aldi

    Stop worrying!

    Any actual facts of any situation mean very little to a PPC - Its other things that are going to get the ticket written-off. The Newbies Sticky explains all.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Here is another one for you.

    Driver and passenger park in a JAS infested car park. Driver hands the keys to passenger, who thus becomes new driver, and catches the train to elsewhere.

    Parking Gestapo watch him leave the site and tickets car, not knowing that driver is in Staples buying stuff.

    So, who is in breach of contract, the driver on the train, or the driver in the shop?
    You never know how far you can go until you go too far.
  • Neither. The one on the train was no longer the driver when they handed the keys over. Not that the PPC plonkers care or understand that point. Their level of knowledge of legal niceties is such that one of them told me that to be waiting my wheels had to be moving!
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Sadly I've never heard of ParkingEye or anyone else actually trying this one (and I have tried to get them to bite!). They wouldn't have a leg to stand on, and without a shred of evidence that the same person was driving on each occasion they also haven't a shred of evidence that any breach of their supposed T&C's has occurred at all. Accordingly they would have no "reasonable cause" to apply to DVLA for keeper details, and it would be a gross breach of the DPA if they did so.
    Je suis Charlie.
  • Stonker
    Stonker Posts: 577 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Guys, I do know about all the GPEOL stuff but I just wondered legally what the situation is. Surely any 'no return within 2 hours' applies to the driver not the vehicle. If I go home and then my girlfriend goes out, surely it's not reasonable to expect me to say to her 'don't go to Audi, I've already been there'
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Stonker wrote: »
    Guys, I do know about all the GPEOL stuff but I just wondered legally what the situation is. Surely any 'no return within 2 hours' applies to the driver not the vehicle. If I go home and then my girlfriend goes out, surely it's not reasonable to expect me to say to her 'don't go to Audi, I've already been there'

    you would need a court case to answer this, so without a court case there is no definitive answer

    as was said earlier, stop worrying unnecessarily , life is too short

    if the legal situation needed resolving , let that happen in its proper place, a court of law, at the time it actually happens

    parking prankster has blogged about this on more than one occasion, its known as double dipping , try reading his blogs about it
  • Stonker
    Stonker Posts: 577 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    OK, I wasn't worrying, I was just curious. Incidentally, I only used Aldi as an example out of the year, when I did get a PCN from PE in relation to Aldi before, Aldi were very fair with me and cancelled the charge once I had spoken to Rachel and established that I was a regular customer.
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