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Private parking firms!
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=20578		 Page 1 of 1
Author:  grandad [ Thu Nov 01, 2012 5:44 am ]
Post subject:  Private parking firms!
I have received this in an email.

Private parking firms at risk of suspension from accessing DVLA data
Below is an extract from an email sent by the British Parking Association to it's private parking members:

It has been drawn to our attention that there is much public concern about some operators who continue to indicate on signage, parking charge notices and similar correspondence that the keeper is liable for the payment of parking charges due as a result of a breach of contract.

This is not the legal situation now nor will it be after 1 October 2012.

DVLA has told us that two AOS members have recently been suspended by them for 3 months for doing this. Others may be at risk of an immediate suspension by DVLA.

Please will you confirm and provide evidence that your current signage, parking charge notices, notices to owner, or correspondence with the keeper, in no way suggests that the keeper is liable for payment.

We suggest that you complain to the DVLA, enclosing photographs, of any private parking signs that do not comply.
Read more

It turns out the BPA were right to be concerned.

From Oct 16th Roxburghe, MET Parking and Excel Parking have all been suspended from accessing DVLA data for 3 months.
Author:  Sussex [ Thu Nov 01, 2012 8:24 am ]
Post subject:  Re: Private parking firms!
These firms are finally being taken to task.

They basically mug people into believing they have broken a law and the fine is due, when neither are legally true.

And the fact that the DVLA give these scammers our details is a f***ing disgrace.
Author:  trotskys twin [ Thu Nov 01, 2012 1:40 pm ]
Post subject:  Re: Private parking firms!
Sussex wrote:
These firms are finally being taken to task.

They basically mug people into believing they have broken a law and the fine is due, when neither are legally true.

And the fact that the DVLA give these scammers our details is a f***ing disgrace.



AGREED!!!!!!!!!!!!!!!!!!!!!!!
Author:  no tips [ Thu Nov 01, 2012 2:54 pm ]
Post subject:  Re: Private parking firms!
I got one last week £40 fine for being in Lidle car park for 2hours even though I was shopping there . I wont pay just binned it .
Author:  cabbyman [ Thu Nov 01, 2012 4:40 pm ]
Post subject:  Re: Private parking firms!
You can do even better now:

If they have your details and write to you, appeal it then go to POPAS for adjudication. It costs the PPC £27 but is not binding on the victim!! A winner all the way round!!

As always, more details on www.pepipoo.com
Author:  edders23 [ Thu Nov 01, 2012 8:54 pm ]
Post subject:  Re: Private parking firms!
well we have them coming to our streets on 4th December a private company providing traffic wardens and the council car park warden is being retired.

Apparently the company gets to keep all the revenues generated but has guaranteed Lincolnshire county council that they can provide parking enforcement at no cost to the council :roll: so no incentive there then to get a bit over zealous and judging by comments made by our licensing department the taxi rank area is going to be given priority i.e. queuing taxis are going to start to get slapped with parking fines we'll see if they also fine parcels vans and other motorists for parking there
Author:  cabbyman [ Thu Nov 01, 2012 9:32 pm ]
Post subject:  Re: Private parking firms!
Sounds like there's going to be a lot of fun to be had there, Edders. Which council is that? I'd be interested to see if there's anything on their website. The guys and gals on Pepipoo would love to have a few tickets from therte to have a go at!!!!

I've found it!! It's amazing what you find out if you just read an avatar!!

It looks like Lincolnshire CC will have a lot of learning to do and, initially, all tickets will be worth appealing. Get the word round the rank that anyone who receives a ticket should immediately get on to Pepipoo and get advice. Looking at their website, it will be a little while before their tickets and procedures are fully compliant and, therefore, enforceable. Ergo, no liability for tickets until they are correct!! Have fun!!!
Author:  grandad [ Thu Nov 01, 2012 10:41 pm ]
Post subject:  Re: Private parking firms!
edders23 wrote:
well we have them coming to our streets on 4th December a private company providing traffic wardens and the council car park warden is being retired.

Apparently the company gets to keep all the revenues generated but has guaranteed Lincolnshire county council that they can provide parking enforcement at no cost to the council :roll: so no incentive there then to get a bit over zealous and judging by comments made by our licensing department the taxi rank area is going to be given priority i.e. queuing taxis are going to start to get slapped with parking fines we'll see if they also fine parcels vans and other motorists for parking there

The tickets issued by the company employed by the council will be legal and you will have to pay them. They are not the same as tickets issued by private companys for parking on private land.
Author:  Brummie Cabbie [ Fri Nov 02, 2012 7:27 am ]
Post subject:  Re: Private parking firms!
The new law on this came into effect on 1st October 2012 and is contained in sections 54-56 of the Protection of Freedom Act 2012 and Schedule 4 of that Act.

It's not as simple as it seems and appears to substitue 'charging for trespass' in certain circumstances for the now illegal immobilisation of vehicles on private land and towing these vehicles away.

Protection of Freedoms Act 2012
CHAPTER 2
VEHICLES LEFT ON LAND
Offence of immobilising etc. vehicles
54 Offence of immobilising etc. vehicles
(1) A person commits an offence who, without lawful authority—
(a) immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b) moves, or restricts the movement of, such a vehicle by any means, intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
(2) The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).
(3) But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.
(4) A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.
(5) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to a fine,
(b) on summary conviction, to a fine not exceeding the statutory maximum.
(6) In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
Alternative remedies in relation to vehicles left on land
55 Extension of powers to remove vehicles from land
(1) Section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), after “road” insert “or other land”,
(b) in paragraph (b)—
(i) after “road”, where it appears for the first time, insert “or other land”, and
(ii) after “road”, where it appears for the second time, insert “or land concerned”,
(c) in paragraph (c) for “, or on any land in the open air,” substitute “or other land”, and
(d) at the end insert “or other land”.
(3) In subsection (2)—
(a) in paragraph (a), after “road”, where it appears for the third time, insert “or on land other than a road”, and
(b) after paragraph (a), insert—
“(aa) may provide, in the case of a vehicle which may be removed from land other than a road, for the moving of the vehicle from one position on such land to another position on such land or on any road;”.
56 Recovery of unpaid parking charges
Schedule 4 (which makes provision for the recovery of unpaid parking charges from the keeper or hirer of a vehicle in certain circumstances) has effect.
Author:  Mr PH [ Sat Nov 03, 2012 1:25 pm ]
Post subject:  Re: Private parking firms!
Yes, the Protection of Freedom Act 2012 came into effect on Oct 1st. Clamping and towing without lawful authority i.e police, council etc is now a criminal offence.
And the PPC can now pursue the registered keeper if the driver is not named. They are still unenforcable and a correct defence in Court will send them packing.
Only the land owner or tenant can offer parking and sue for trespass.
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