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 Post subject: Parking charge invoice
PostPosted: Mon Mar 18, 2019 6:39 pm 
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Is a vehicle owner obliged to inform a private parking company as to the identity of a driver caught overstaying in a mcdonalds car park as with a speeding ticket and regarding the DPA?

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PostPosted: Mon Mar 18, 2019 7:10 pm 
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I thought these private parking charges were just targeted at the registered keeper of the vehicle to pay.

It would then be up to the registered keeper to claim the money back from the driver.


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PostPosted: Mon Mar 18, 2019 11:16 pm 
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this one invites owner to pay but to provide driver details if owner was not driving

hence my question

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PostPosted: Mon Mar 18, 2019 11:19 pm 
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wannabeeahack wrote:
Is a vehicle owner obliged to inform a private parking company as to the identity of a driver caught overstaying in a mcdonalds car park as with a speeding ticket and regarding the DPA?

No, but go on Money Saving Expert or Pepipoo to get the full SP and draft replies.

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PostPosted: Wed Mar 20, 2019 1:32 pm 
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I sent this to one a few months ago, they dropped the claim within days.

Dear Sirs Re: PCN No. (invoice number) I challenge this 'PCN' as keeper of the car. I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge. Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach. For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not. I have kept proof of submission of this appeal and look forward to your reply. Yours faithfully, keepers name.

Admit nothing, and use only registered keepers name on it.

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PostPosted: Thu Mar 21, 2019 11:54 pm 
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There is no obligation to name the driver for a private parking invoice.


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PostPosted: Wed Apr 03, 2019 3:48 am 
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They've started pestering the registered keeper now for payment even if you supply them with the details of the driver of the vehicle at the time of offence. It's a fast way to make money. Chelmsford City Council are one Council who go straight to court without contacting the driver of the vehicle at the time, they hit the owner with a CCJ from Northampton Bulking Centre without contacting the driver.


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PostPosted: Wed Apr 03, 2019 8:11 am 
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Nidge2 wrote:
They've started pestering the registered keeper now for payment even if you supply them with the details of the driver of the vehicle at the time of offence. It's a fast way to make money. Chelmsford City Council are one Council who go straight to court without contacting the driver of the vehicle at the time, they hit the owner with a CCJ from Northampton Bulking Centre without contacting the driver.

How can they hit the owner with a CCJ? The court have to give the owner a chance to put their side to the court before they can issue a CCJ.

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PostPosted: Wed Apr 03, 2019 1:56 pm 
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Location: Hampshire (HC)
Courts don't get involved in LA tickets. It goes to a Traffic Penalty Tribunal and then straight to a bailiff, if it remains outstanding for a certain period.


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PostPosted: Wed Apr 03, 2019 2:29 pm 
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cabbyman wrote:
Courts don't get involved in LA tickets. It goes to a Traffic Penalty Tribunal and then straight to a bailiff, if it remains outstanding for a certain period.


I thought it only went to the TPT if you appealed it ?


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PostPosted: Thu Apr 04, 2019 8:37 am 
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cabbyman wrote:
Courts don't get involved in LA tickets. It goes to a Traffic Penalty Tribunal and then straight to a bailiff, if it remains outstanding for a certain period.

I assume that by "LA" you are referring to "Local Authority"? This post is about a private parking company.

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PostPosted: Fri Apr 05, 2019 3:47 am 
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grandad wrote:
Nidge2 wrote:
They've started pestering the registered keeper now for payment even if you supply them with the details of the driver of the vehicle at the time of offence. It's a fast way to make money. Chelmsford City Council are one Council who go straight to court without contacting the driver of the vehicle at the time, they hit the owner with a CCJ from Northampton Bulking Centre without contacting the driver.

How can they hit the owner with a CCJ? The court have to give the owner a chance to put their side to the court before they can issue a CCJ.



That's what they did, they issued the owner a CCJ letter from Northampton. I was the driver of the vehicle and I've seen the CCJ letter. I've also sent in my address details 7 times two of them were recorded letters because they were making us jump through hoops just trying to tell them who was the driver at the time.


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PostPosted: Fri Apr 05, 2019 3:48 am 
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cabbyman wrote:
Courts don't get involved in LA tickets. It goes to a Traffic Penalty Tribunal and then straight to a bailiff, if it remains outstanding for a certain period.


Chelmsford do, they won't accept who's the driver they'll send three letters then hit you with a CCJ from Northampton baulking centre.


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PostPosted: Fri Apr 05, 2019 5:46 pm 
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Nidge2 wrote:
cabbyman wrote:
Courts don't get involved in LA tickets. It goes to a Traffic Penalty Tribunal and then straight to a bailiff, if it remains outstanding for a certain period.


Chelmsford do, they won't accept who's the driver they'll send three letters then hit you with a CCJ from Northampton baulking centre.
When you say they hit you with a CCJ are you saying that they are asking you to respond to the claim or it is an actual ccj?
I have just taken out proceedings against a non payer. The form was filled in on line and the £25.00 paid. The non payer then had 28 days to respond by either paying or contesting. After the 28 days had passed without response I then had to apply to the court to have the CCJ issued.

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PostPosted: Mon Apr 08, 2019 11:03 pm 
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grandad wrote:
Nidge2 wrote:
cabbyman wrote:
Courts don't get involved in LA tickets. It goes to a Traffic Penalty Tribunal and then straight to a bailiff, if it remains outstanding for a certain period.


Chelmsford do, they won't accept who's the driver they'll send three letters then hit you with a CCJ from Northampton baulking centre.
When you say they hit you with a CCJ are you saying that they are asking you to respond to the claim or it is an actual ccj?
I have just taken out proceedings against a non payer. The form was filled in on line and the £25.00 paid. The non payer then had 28 days to respond by either paying or contesting. After the 28 days had passed without response I then had to apply to the court to have the CCJ issued.


It's an actual CCJ from the Baulking Centre in Northampton asking for £135 or a CCJ will be registered against the company. The letters I've sent off confirming I was the driver of the vehicle at the time have done nothing to transfer the liability over to me.


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