AA posting garbage on private parking tickets

[miliitant]

http://www.theaa.com/public_affairs/...vate-land.html

have a nose at this link

seems the AA does not understand contract law and is advising people who receive a ticket from a private parking company to pay

The relevant case law is Dunlop Pneumatic Tyre Co. Ltd -v- New Garage & Motor Co. Ltd 1915. that goes against private parking comapnies

their is also the HMRC decision about a private parking company not being party to the land owner

www.bailii.org/uk/cases/UKHL/1914/1.html

The basic thrust of the judgement in the case stated is that any damages you claim can only put you in the same position you were in before any alleged loss was incurred/tort committed. In short, you must have suffered actual loss and be able to quantify that loss. Consumer Protection legislation deals with penalty clauses in consumer contracts. With PPCs operating on private land, a lot of the demand-o-grams and threat-o-grams they send out are, in my considered judgement, difficult, if not, impossible to justify or enforce as Parking Eye, OPC and Vehicle Control Services have found to their cost. Some PPCs are not beyond encouraging and instructing their employees to brazenly lie to motorists, as I have discovered.

HOW CAN THE AA PRINT THIS GARBAGE

[Celestine]

Re: AA posting garbage on private parking tickets

Grrrr, I'll give their Press Office a call tomorrow.

[Celestine]

Re: AA posting garbage on private parking tickets

Has the CAB updated it's guidance, if so, what to?

[miliitant]

Re: AA posting garbage on private parking tickets

Has anybody a link to the HMRC link about ppc and private land case law decion that supported the decision on bogus claims and consequential loss

[labman]

Re: AA posting garbage on private parking tickets

As I understand it at the moment, the whole argument, and the myriad of petitions against Schedule 4 of the new legislation and off the top of my head Section 56 was that if the legislation was enacted, it undermined previous case law. Nevertheless the legislation is in place.

This is the link currently in this site's Parking Guide:

http://assets.dft.gov.uk/publication...ng-charges.pdf

I would certainly welcome a discussion on this as to what is the best way forward to suggest to any members who now incur a Parking Charge Notice. A Google of "Parking charge notices and the protection of freedoms act" brings up a vast wealth of information. Ploughing through it and making sense of it is something of a minefield.

I've also posted a link below to the Appeals Organisation:

http://popla.org.uk/FAQs.htm

The above link makes an assumption that one has taken note of the ticket in the first place. Is it still a speculative invoice, or has this legislation given licence to PPC's, thus undermining much previous law?

[miliitant]

Re: AA posting garbage on private parking tickets

Thats the question

is their new STATUTE LAW now that overides previous statute/case law

as i see it, their is not but i will be the first to hold my hand up if i am mistaken and accept it

[labman]

Re: AA posting garbage on private parking tickets

Here's where I am at present Militant for what it's worth. All the Act says is that PPCs may "pursue" the Registered Keeper "for recovery of legitimate parking charges" if a driver is not named.

The burden of proving that there was a legitimate charge, and not an unlawlful penalty, still rests with the PPC, whether it's the Registered Keeper or the driver who is involved.

However, there will undoubtedly be a good few cases going before the County Courts (it is still civil) over coming weeks and months, and it is the outcome of these which will really show the way forward. A Parking Charge Notice is currently issued every 4.25 seconds in the UK, so I'm sure there will be a good few candidates. Until we know the outcome of those cases (which will obviously be through hearsay and the press not official records as none are kept for County Courts) most responsible organisations seem to be erring on the side of caution. It may cost their members a 'little' money in the short term, equally it may save them a lot of money longer term.

Watching this will be interesting, and it will fascinating to see who will be the first PPC to dip their toe in the water.

[labman]

Re: AA posting garbage on private parking tickets

Has the CAB updated it's guidance, if so, what to?

No! I understand a close eye is being kept though on various reliable sources.

[bluebottle]

Re: AA posting garbage on private parking tickets

From what I have read in the Protection of Freedoms Act 2012, Parliament has put a number of obstacles in the way of PPCs. As Labman correctly states, the onus of proof lies on the PPC to prove the charge is legitimate and is not an unlawful penalty. I have no doubt a lot of PPCs will claim the penalty charges are lawful, but my gut-feeling is that this particular part of PoFA will be quickly repealed as it will, I suspect, be subject to widespread abuse by PPCs.