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Private parking firms enforcing charges
atoz
Posts: 1 Newbie
I presume the private parking company’s get the information from the DVLA to send a parking ticket/invoice, This would be sent to the registered keeper of the Vehicle, How can they peruse and enforce a payment from the registered keeper they may not have been the the person in charge of the vehicle at the time, I would have though they would need to insure they are invoicing or starting court proceedings to the person who was actually in charge of the vehicle, as it would be a civil action I would not have thought they do not have the same powers as the Police or other authority’s to force the registered keeper to confirm who was the driver of the vehicle even if they tried to . I would think the registered keeper has no legal responsibility to supply any information to the private parking firms whatsoever, To pursue any enforcement or legal action one has to make sure it is against the correct person. They do not know who the correct person is they are assuming it is the registered keeper.
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Comments
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It's all explained in the NEWBIES thread.
If you're in Scotland or NI ... they can't, as there is no keeper liability. If you're in England or Wales then Section 4 of the Protection of Freedoms Act 2012 allows for keeper liability in place of driver liability. (The keeper can discharge that liability by identifying the driver).0 -
In 2012 Parliament drove a coach-and-horses through the ancient legal principle of privity of contract by making the vehicle keeper liable for private charges incurred by the driver. If you don't like it (and you shouldn't) complain to your MP.Je suis Charlie.0
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One can only assume that the OP has been living in a cave on Mars for the past three years, wearing a blindfold and earplugs.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
One can only assume that the OP has been living in a cave on Mars for the past three years, wearing a blindfold and earplugs.
La-le-la-le-la, I'm not listening.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Most of the PPC cases that go to court end on the small claims track.
One case has gone a little higher, that being the Beavis case.
The keeper liability side of things has, as far as i know not yet been fully tested.
In my opinion the best way to deal with the PPC issue is to kill the ticket as soon as possible, and at the same time to cause as much grief and aggro ( ie bad press/ PR) for who ever it was that decided to allow a PPC to operate on their land - that is the landowner should be the one cancelling and not the victim via popla etcFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0
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