Government Consultation re private parking charge levels, August 2021

ParkingMad

patient_dream said:

So, for my MP, my letter will be a beg borrow and steal from the above, especially Jenni

This will be interesting as my MP is Theresa May and will include a timely reminder about CCJ's ?

Let you guys know what Theresa replies with

Please could you ask Theresa May her opinion on the 85% of claims which result in a default judgment?

https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/

https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/supporting_documents/defaultcountycourtjudgmentsconsultation.pdf

patient_dream

ParkingMad said:

patient_dream said:

So, for my MP, my letter will be a beg borrow and steal from the above, especially Jenni

This will be interesting as my MP is Theresa May and will include a timely reminder about CCJ's ?

Let you guys know what Theresa replies with

Please could you ask Theresa May her opinion on the 85% of claims which result in a default judgment?

https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/

https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/supporting_documents/defaultcountycourtjudgmentsconsultation.pdf

I will, let you know

hju456

patient_dream said:

Letters sent to Sir Greg and Mr Wishart. We await the replies

Perhaps everyone should sent a copy of comments sent to MHCLG to the above gentlemen and alert them to the public concern. Seeing their inbox bulging might create some momentum amongst 
the very people that can alter the course of these proposals.

Coupon-mad

PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER,

I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

Fruitcake

hju456 said:

patient_dream said:

Letters sent to Sir Greg and Mr Wishart. We await the replies

Perhaps everyone should sent a copy of comments sent to MHCLG to the above gentlemen and alert them to the public concern. Seeing their inbox bulging might create some momentum amongst 
the very people that can alter the course of these proposals.

Agreed. Even if he/his minions say "your are not my/his constituent" it will still hopefully alert him to problems.
Everyone should be asking their MP to contact him as well.

Snakes_Belly

patient_dream said:

ParkingMad said:

patient_dream said:

So, for my MP, my letter will be a beg borrow and steal from the above, especially Jenni

This will be interesting as my MP is Theresa May and will include a timely reminder about CCJ's ?

Let you guys know what Theresa replies with

Please could you ask Theresa May her opinion on the 85% of claims which result in a default judgment?

https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/

https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/supporting_documents/defaultcountycourtjudgmentsconsultation.pdf

I will, let you know

This happens particularly to young people people who are students or starting off in their working life as they are more transitory. This affects their ability to obtain employment. They would not be able to work anywhere in the financial services industry. It affects their ability to buy or rent a property and their ability to obtain finance. In short it is a blight on their young lives. 

You could mention also the "go to a wedding get a CCJ" case where a number of the guests ended up with PCN including the bride. Some of those PCN's ended up as a CCJ for several of the guests. That was on the car park where I was ticketed and I don't know what the outcome of the case has been. It may be still ongoing.

Jenni_D

Coupon-mad said:

PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER,

I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

Thanks C-m ... when my MP's PPS contacts me this will be useful ammo regarding the subterfuge of the parking industry to try and circumvent existing legislation.

Perhaps this should be added to the double-recovery point in the defence template, to augment the CRA 2015? (Obviously it would only apply for keeper defendants).

On the subject of MP discussion ... is there a bullet list of points/references to legislation I could use as an easy reference to a) make sure I don't miss anything important, and b) make sure I'm giving accurate info? (e.g. in my letter I mentioned CRA 2015 when I was talking about double recovery but I don't think that's right).

Snakes_Belly

Just sent Jenni's letter to my MP and sent emails to a relative and a friend who live in different constituences to myself. Hopefully they will contact their MP. 

Cannock Chase 
South Staffs 
Lichfield 

  

AnotherForumite

Coupon-mad said:

PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER,

I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

That's easy to address, simply encompass ALL charges within the NTD/NTK 

Snakes_Belly

"That's easy to address, simply encompass ALL charges within the NTD/NTK "

That would not work as it would be over the current amount allowed and secondly no debt collection has started at that stage. You cannot charge for something that has not yet happened.