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Establishing Identity

Hi All

I received a parking charge notice a couple of weeks ago and have submitted my appeal, using a lot of information in this site - thank you. One thing not mentioned (that I've seen) is the fact that the car park management company has not identified the driver of the vehicle and, therefore, cannot establish the parties involved in the contract. Would this be a reasonable argument to use in the appeal process?

Many thanks

Comments

  • ManxRed
    ManxRed Posts: 3,530 Forumite
    Depends on:

    1. Was this in England or Wales?
    2. Is the land 'relevant land' under the Protection of Freedoms Act 2012?
    3. Have the Parking Company stated that they are looking to hold the Registered Keeper liable under the above act?
    4. Have they met the many criteria necessary for them to do so.

    Some more information might help.
    Je Suis Cecil.
  • Hot_Bring
    Hot_Bring Posts: 1,596 Forumite
    Depends where you are - Scotland yes, they can't hold the keeper liable. England they can if they follow the due process.
    "The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
  • Many thanks for the quick replies. I haven't used it as part of my appeal but just had a thought about that line of argument. Obviously it's a lot more involved than I thought.
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    But we can answer it for you if you let us know:

    Which Parking Company?
    Where did it happen?
    Do they claim to be able to hold the registered keeper liable on their paperwork?
    Je Suis Cecil.
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    stevenbey wrote: »
    Many thanks for the quick replies. I haven't used it as part of my appeal but just had a thought about that line of argument. Obviously it's a lot more involved than I thought.

    Have you read the Newbies Sticky yet? That covers your situation and most of the most viable appeal points.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    stevenbey wrote: »
    Many thanks for the quick replies. I haven't used it as part of my appeal but just had a thought about that line of argument. Obviously it's a lot more involved than I thought.

    there are dozens if not hundreds of clever people that have looked for every loophole and get out of jail free option imaginable over the last 3 or more years, including the lawyers acting for Barry Beavis in 3 courts

    my point ? I doubt you will find something they missed, so stick to the tried and tested routes
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