Parking Eye due to reg mistake

[topolinodichiesa]

Re: Parking Eye due to reg mistake

The registered keeper has many technical defences via the Protection of Freedoms Act Schedule 4.
Revealing the driver ID may well blow these out of the water.

I think it may be more accurate to say that the Claimant has more technical offences via POFA 2012 Schedule 4, as without POFA, the keeper would have no liability at all!

Private parking in summary: The driver is the only person who can enter into a parking contract with a PPC. The driver was the one who (presumably) read the signs containing the terms and conditions of the offered contract of parking, and it was the driver's action of "parking" that implied the driver's alleged acceptance of the offer and, thus, form the contract with the PPC. However, usually the PPC will not know who was driving a particular vehicle at the time of the alleged breach of contract, so the only option available to them (POFA 2012 outlawed private clamping and towing) is to obtain the RK's details and use POFA to hold the RK liable for the driver's alleged breach of contract. But in order to use POFA the PPC has to follow the rules in Schedule 4 very closely, which they often seem to be unable to do. The bottom line is that if the driver is named, the PPC's job is much easier, as they don't have to follow POFA Schedule 4 and can go after the driver directly.

--Topolino di Chiesa

[charitynjw]

Re: Parking Eye due to reg mistake

I think it may be more accurate to say that the Claimant has more technical offences via POFA 2012 Schedule 4, as without POFA, the keeper would have no liability at all!

Private parking in summary: The driver is the only person who can enter into a parking contract with a PPC. The driver was the one who (presumably) read the signs containing the terms and conditions of the offered contract of parking, and it was the driver's action of "parking" that implied the driver's alleged acceptance of the offer and, thus, form the contract with the PPC. However, usually the PPC will not know who was driving a particular vehicle at the time of the alleged breach of contract, so the only option available to them (POFA 2012 outlawed private clamping and towing) is to obtain the RK's details and use POFA to hold the RK liable for the driver's alleged breach of contract. But in order to use POFA the PPC has to follow the rules in Schedule 4 very closely, which they often seem to be unable to do. The bottom line is that if the driver is named, the PPC's job is much easier, as they don't have to follow POFA Schedule 4 and can go after the driver directly.

--Topolino di Chiesa

The liability can be transferred, via PoFA, to the keeper of the vehicle.
The 'keeper' is defined as

“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper;

There is also the law of agency to consider (eg CPS v AJH Films http://www.bailii.org/ew/cases/EWCA/Civ/2015/1453.html ).
Lease/HP/ Motability cases must be factored into the mix.

[catman1]

Sorry, finding it a little tough to follow everything as I'm nowhere near as clued up on this kind of thing as all of you.

What should I be doing next?

[topolinodichiesa]

Sorry, finding it a little tough to follow everything as I'm nowhere near as clued up on this kind of thing as all of you.

What should I be doing next?

I would suggest you visit MoneySavingExpert, specifically the Parking Tickets forum there, and read the "Newbies" thread. That will give you a good overview of the process and the steps you can take.

--Topolino di Chiesa