Taxi Driver Online

http://www.birminghammail.net/news/top- ... -31860584/

The bottom three paragraph of this article state;

Boss Walton Wilkins told the Birmingham Mail earlier this month that he would make MORE money by issuing legally enforceable parking tickets at £150-a-time than he had from clamping.

He said: “My insurance on vehicles and staff alone ran into tens of thousands of pounds last year, not to mention the constant threat of violence and aggravation which comes with clamping people’s cars.

“The Government’s new law will allow private car park owners to set their own penalty charges for tickets – so I’ve set mine at the same level it would cost if we had clamped the car instead.”

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Brummie Cabbie.

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But they still have to get the right driver.

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IDFIMH

Not so it seems..



Private parking companies will now be able to pursue owners of vehicles for payment of parking charges if the driver does not pay. The Protection of Freedoms Bill, introduced over the weekend, drastically widens the powers of private parking companies and increases the unfairness of parking charges considerably – which strangely goes against its purpose says, NoParkingFine.

Private parking companies are making an average of £64-£128 million every year, and the new laws would mean private parking companies can pursue the registered keepers of vehicles when they cannot get hold of the driver who commits a parking offence.

Safiya Hussain, director of NoParkingFine Ltd, states ‘this is a shocker. In the same bill the government is putting an end to the clamping scam yet assisting the private parking fine scam. It’s wholly contradictory and makes no sense. Why should a registered keeper be liable for a parking charge that he had nothing to do with? It’s ridiculous. The majority of private parking fines are issued under the same underhanded tactics used by clampers, and this new law will just help them take more of our money unfairly.’

Author
Fleet News
01733 468655



http://www.fleetnews.co.uk/news/2011/2/17/new-laws-makes-fighting-against-private-parking-fines-tougher/38914/

That's roughly what I was expecting.

I just wonder if there was a Law Commission Consultation Paper and consultation period on this new legislation some time in the past few years?

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
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If someone genuinely doesn't know who was driving the vehicle qat the time, then they can't be forced to pay for other peoples transgressions.

This currently applies to most road traffic breaches.

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IDFIMH

As discussed at length on PPP, private companies CANNOT apply penalty charges or fines; it os contrary to contract law. Rather than duplicate the PPP discussions here, have a look there for more details.

The hoops a private company will have to go through to get money out of anyone will seemingly make it not worth their while, especially when you take into account the case of HMRC v VCS.

The usual PPP advice of "ignore" all private tickets remains the same.

Agree with Roy. PPP advice is still valid and they will also advise on each individual case that is posted by drivers who have received speculative invoices.

I thought only the Police and a couple of other Government bodies could ascertain through DVLA who is the rightful registered keeper of a vehicle...How's a bunch of wild west Car park robbers going to access that information?

Even if they Could for the amounts involved It would be a Civil action worthy of only A Small Claims court and under the Small Claims court the Claimant if it's a registered Company chasing the money they cannot be represented by a lawyer or a third party, it would take one of the Directors to represent the case on their own behalf...and if they lose they pay costs.

Where as you as the Defendent can have anybody you so wish representing you at a Small Claims Court.


At Least tha's What my solicitor told me recently when I was being harrassed by a hookie Internet sales company....It fizzled out to nothing as they knew the law was against them.

You thought wrong then.

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Grandad,

That'll be Eck's fault as well.

Private parking/clamping firms get keeper information from the DVLA for £1 a go.

Information from DVLA’s vehicle records

DVLA has to evaluate carefully the reasons for the request as well as the way in which the information will be used before disclosing information. This means that information on the vehicle register can be lawfully made available for a variety of purposes, to the public and private sector bodies. A fee is charged to cover the cost of dealing with requests under the reasonable cause provisions.

Information can be sent to:

the police
local authorities
car parking enforcement companies
solicitors
finance houses
property managers
private individuals who can provide ‘reasonable cause’ for needing the information

You can also download the lists of the organisations that ask for information.
http://www.direct.gov.uk/en/Motoring/Ow ... DG_4022066

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

Have a look on PPP. There's a few threads on the go at the moment about PPCs losing their right to DVLA information because of misrepresentation.

I thought wrong then...But what about the Small Claims court part of it? Cant see how else a Private individual or Company can chase small amounts of fine (not even a fine, more of a charge) money!

They treat it like a debt, and if you don't cough up, they send a bailiff round to lift your plasma TV and surround sound.
(Except in Eckdom, where such barbaric medieval practices are a thing of the past )

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

Have to disagree with you slightly. The police will treat the registered keeper as the guilty party unless they name someone else as the driver at the time of the offence, it is an offence to not tell the police who the driver was .

If the keeper won't admit to the offence or name the guilty driver then the keeper gets charged. There are very few cases where the registered keeper doesn't know who was in charge of their vehicle at a particular time. If of course they genuinelly don't know and can prove it they'd be ok. It's the proving you don't know that's the hard part.

Currently in the case of private parking the offence is commited by the driver, and any legal action or fines have to be directed at them. However the registered keeper is under no legal obligation to provide the company with the drivers details, hence to avoid any penalties all the keeper has to do is say they were not the driver. The law is changing so that the keeper will become liable by law to tell the private company who the driver was, if they refuse then the keeper is the one who gets fined.

I don't think ignoring any letters would work as the liability will lie with the keeper to admit the offence or name the driver if it wasn't them, and it will be them that are pursued throught the courts even if they can prove it was an unknown driver at the time - basically it's the vehicle that now commits the offence rather than the driver, and the owner of that vehicle will be fined unless they name another driver.

Another site similar to Pepipoo;

http://www.appealnow.com/

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.