Private Parking Companies used to patrol and "ticket" offending vehicles which was in effect a face to face contact. However, they then found it far more lucrative to use CCTV with Automatic Number Plate Recognition (ANPR) (which means that there is no longer any 'face to face' contact)
Any drivers who are deemed to be in breach of the civil parking contract are sent a Parking Charge Notice (via the Registered Keeper) through the post
As we all now know, these so called Parking Charge Notices are actually nothing more than an "invoice" an invitation to make a payment for use of
parking facilities above and beyond the terms and conditions displayed (note that I haven't said 'breach of contract' because there are too many questions currently hanging over whether or not a contract is actually entered into in with these Private Parking Companies)
If the Driver decides to pay then (according to the Private Parking
Company notice), the Driver is then deemed to have accepted the
terms and conditions of the invoice and the contract between the
Private Parking Company and the Driver or is now complete.
This is therefore a remote invoice and payment system set up and
operated as a business model.
Can anyone advise me if this remote and distance sending of
these invoices and receipt of payments, as I have described is
covered by the Financial Services (Distance Marketing) Regulations
2004.
Any drivers who are deemed to be in breach of the civil parking contract are sent a Parking Charge Notice (via the Registered Keeper) through the post
As we all now know, these so called Parking Charge Notices are actually nothing more than an "invoice" an invitation to make a payment for use of
parking facilities above and beyond the terms and conditions displayed (note that I haven't said 'breach of contract' because there are too many questions currently hanging over whether or not a contract is actually entered into in with these Private Parking Companies)
If the Driver decides to pay then (according to the Private Parking
Company notice), the Driver is then deemed to have accepted the
terms and conditions of the invoice and the contract between the
Private Parking Company and the Driver or is now complete.
This is therefore a remote invoice and payment system set up and
operated as a business model.
Can anyone advise me if this remote and distance sending of
these invoices and receipt of payments, as I have described is
covered by the Financial Services (Distance Marketing) Regulations
2004.