Landowner/PPC contracts/agreements

rachity

There is a difference between 'confidential' & 'privilige'.


Given PoFA 2012 Schedule 4


1(1)This Schedule applies where—

(a)the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and

(b)those charges have not been paid in full.

“relevant obligation” means—
(a)

an obligation arising under the terms of a relevant contract; or
(b)

an obligation arising, in any circumstances where there is no relevant contract, as a result of a trespass or other tort committed by parking the vehicle on the relevant land;


“relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—
(a)

the owner or occupier of the land; or
(b)

authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land;

“relevant land” has the meaning given by paragraph 3;

https://ico.org.uk/media/for-organisations/documents/1624/eir_confidentiality_of_commercial_or_industrial_in formation.pdf


Imho there is every justifification to want to view the actual contract/agreement.
How can anyone know whether the PPC has the legal right to operate on the relevant land without sight of the contract?

bergkamp

rachity wrote: »

There is a difference between 'confidential' & 'privilige'.


Given PoFA 2012 Schedule 4


1(1)This Schedule applies where—

(a)the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and

(b)those charges have not been paid in full.

“relevant obligation” means—
(a)

an obligation arising under the terms of a relevant contract; or
(b)

an obligation arising, in any circumstances where there is no relevant contract, as a result of a trespass or other tort committed by parking the vehicle on the relevant land;


“relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—
(a)

the owner or occupier of the land; or
(b)

authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land;

“relevant land” has the meaning given by paragraph 3;

https://ico.org.uk/media/for-organisations/documents/1624/eir_confidentiality_of_commercial_or_industrial_in formation.pdf


Imho there is every justifification to want to view the actual contract/agreement.
How can anyone know whether the PPC has the legal right to operate on the relevant land without sight of the contract?

I'm surprised no one on here has thought of that before....:)

Coupon-mad

Imho there is every justifification to want to view the actual contract/agreement.
How can anyone know whether the PPC has the legal right to operate on the relevant land without sight of the contract?

Agreed, but they will not release it except if required to by POPLA or a court.

onlyfoolsandparking

Agreed but your missing the most important factor, the parking scammers DONT play by the rules AND 'commercially sensitive document' is their bent get out of jail free card until Court of course!

rachity

Thanks for the replies.


To your best knowledge, has this argument been tried in an actual court case?


To try to give an analogy, would any reasonable person buy a car or a house without first seeing whether the seller has the power (right) to honour the sale?


I would want to make sure the seller has good title.

rachity

onlyfoolsandparking wrote: »

Agreed but your missing the most important factor, the parking scammers DONT play by the rules AND 'commercially sensitive document' is their bent get out of jail free card until Court of course!

Hi


Sure, that's what they say.
But in what way is it commercially sensitive?
& not all 'commercial sensitivity' is privileged info.


I have even seen some of them claiming that it is 'legally privileged'.
Nonsense.....which of the 2 parties is a solicitor?

Coupon-mad

To your best knowledge, has this argument been tried in an actual court case?

No need because they always have to show the contract when a Defendant raises it.