Can the RK still name the driver after a lost POPLA appeal?

Coupon-mad

Wow.  POPLA actually accepted that?!

Be aware that Carflow read this forum and some posters believe have posted here too.

Johnersh

Carflow will need to disclose that unredacted.

Whilst i would be willing to accept arguments regarding commerciality as to fees paid there is no proper basis to start deleting from the definitions clause that goes to the heart of the contract... And thats just for starters.

I have previously posted regarding the case authority for full disclosure.

Beano456

There was a third page of that contract but I didn't post that as the entire page was completely redacted. 

Although Wilko keep saying nowt to do with us as we don't own carpark, I'm pursuing the complaint with Wilko on the basis that carflow state that their appeals procedure ensure that genuine customers will not be penalised. 

Castle

According to the Terms and Conditions on the RCP Parking web site any parking contract is with them, (i.e RCP Parking), and they will issue any PCN:-
https://rcpparking.com/pay-for-parking/1276

Coupon-mad

That compounds Carflow's issue, IMHO.

Someone needs to take a screenshot of that page and post it here in case it gets removed.  The OP should keep that as evidence.

So, we appear to have this:

There is a 'disclosed principal' on the signs, which not only makes any contract with RCP under the law of agency (authority: Fairlie v Fenton) but that principal is also stating that the parking charges are issued by them, therefore RCP are the creditor and actual parking firm behind it, surely?

Add to this that the Director of Carflow was in Parking News (or ParkingReview?) this month or last, not exactly describing what his company does as a typical 'parking firm'.  Can anyone find it?

Taken at face value, in my opinion it read like back office tech solutions.  A service that may have different VAT connotations?

Perhaps similar to the ex-Roxburghe lot, SolutionLabs (where someone issues tickets in the name 'Regent Parking').  I was already scratching my head about 'Regent Parking' this Summer.

Who is issuing tickets for whom?

Step forward the actual parking firm creditor.

Maybe a poster with some knowledge of Carflow or SolutionLabs can explain?

Maybe they do 'tech' as well as being an actual ticket-issuing parking company, but with a disclosed principal they are not the creditor at this site, based on the evidence shown here.

Beano456

Well I can finally bring an update on this saga.

As you know I complained to Wilko and asked them to intervene and get Carflow to back off. I did it through the “Resolver” site but Wilko kept coming back with the same spiel that they don’t own or run the carpark therefore nothing they can do. Each time they came back with the fob-off I escalated the complaint through Resolver until I reached the stage “No escalation possible - You are now at the highest point of escalation for your issue with Wilko”.

Now I don’t know if Wilko got fed up of me and did have a word, or it’s just coincidence but I’ve now received the below from Carflow:

Thank you for contacting Carflow.

This car park is private land and Carflow has been engaged by the landowner to ensure that motorists pay the correct parking tariff.

By entering and parking on this privately owned land, the driver entered into a contract with Carflow Limited and agreed to be bound by the terms and conditions, which are clearly displayed on the signs at the entrance and throughout the site. The full parking tariff must be paid prior to leaving the car park and the correct Vehicle Registration Number (VRN) entered. Carflow have a generous grace period in operation at this site to allow people to return late. However, this vehicle did not pay but stayed for 39 minutes. As a sufficient tariff was not paid for parking, a parking charge notice was correctly issued.

However, as a gesture of goodwill to Wilko we have cancelled this parking charge. In future we will not be able to cancel parking charges unless the correct amount is paid for your stay.

This parking charge has been cancelled. No further action is required in relation to this parking charge.

Kind Regards,

Carflow Appeals Team

D_P_Dance

If you think that the PPC has wasted your time, consider wasting theirs, read this.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Coupon-mad

They read this forum so no wonder!

Can't have sued you because they are not the principal.  Pragmatic climbdown and I expect Wilko were fed up!