Didn't think private parking guys worked early on a Sunday...

[Curlyben]

Re: Didn't think private parking guys worked early on a Sunday...

Anyways, as interesting as the side discussions are, the clock is now ticking.
Should expect some form of demand after 5th August.

[bluebottle]

Re: Didn't think private parking guys worked early on a Sunday...

thanks again bluebottle

bookmarked

and as its case law, it would take precedence on any companies own t&c

Dunlop Pneumatic Tyre Co. Ltd -v- New Garage & Motor Co. Ltd 1915 has formed a cornerstone of English Civil Litigation Law since the ruling was made. The Consumer Protection Law that can be used to deal with PPC demand-o-grams consists of Statutory Instruments and Acts of Parliament. PPCs' T&Cs are what I refer to as "let's try it and see if we can get away with it" T&Cs. Basically, total bovine excrement that even a County Court Registrar would tear to shreds in a matter of minutes.

[CleverClogs]

Re: Didn't think private parking guys worked early on a Sunday...

Driver for Parking Charge Notices, Reigistered Keeper for PCN's and FPN's. In the case of a Parking Charge Notice, there is absolutely no obligation for the registered keeper to tell anyone who the driver was.

Might it not be a criminal offence, contrary to the Data Protection Act 1998, to disclose the personal data of the driver of a hired motor car?

[CleverClogs]

Re: Didn't think private parking guys worked early on a Sunday...

Anyways, as interesting as the side discussions are, the clock is now ticking.
Should expect some form of demand after 5th August.

I presume the demands will be met with a suitably robust response?

[Curlyben]

Re: Didn't think private parking guys worked early on a Sunday...

I presume the demands will be met with a suitably robust response?

Depends on just how laughable they are

[bluebottle]

Re: Didn't think private parking guys worked early on a Sunday...

Might it not be a criminal offence, contrary to the Data Protection Act 1998, to disclose the personal data of the driver of a hired motor car?

That's an interesting point, CC. It is very likely that any demands for payment would amount to Fraud by False Misrepresentation (Section 2(1), Fraud Act 2006) and any threats that followed would amount to Blackmail (Section 21, Theft Act 1968). In establishing whether an offence of Blackmail has been committed, it is for the defendant to prove that they, firstly, had a right in law to make the demand - mere belief that they had a right is not enough - and, secondly, that the use of menaces - threats - was a proper means of enforcing any demand.

[labman]

Re: Didn't think private parking guys worked early on a Sunday...

This is why the stance of LB is to disregard the tickets entirely. I'm one step ahead of CB, I've had my first letter (different company to his though), which has been duly filed under I.

As regards the DPA, the data would be disclosed voluntarily by the Registered Keeper, so they would not be bound by the DPA. IMO NO registered keeper should ever disclose the ID of the driver. Sadly they PPC's rely on ignorance of the law though, hence my writing an article for my local newspaper about this.

There are significant parallels between these tickets and demands made by RLP companies. Both are speculative invoices.

[CleverClogs]

Re: Didn't think private parking guys worked early on a Sunday...

There are significant parallels between these tickets and demands made by ["civil recovery"] companies. Both are speculative invoices.

There would also seem to be at least one salient difference.

Whereas the parking parasites are claiming alleged debts owed to their own company and are therefore exempt from any requirement to hold a category F Consumer Credit Licence, at least one "civil recovery" company seems to have claimed what it averred were debts or damages on behalf of other companies where no assignment of the alleged debt seems to have occurred.

Please see page 24 in this - link - PDF file.

Is the OFT guidance wrong?

[labman]

Re: Didn't think private parking guys worked early on a Sunday...

If you collect debts due to others, arising from credit or hire agreements (whether regulated or exempt), you are likely to need to apply for Category F.

Does this not make them exempt from this category?

[bluebottle]

Re: Didn't think private parking guys worked early on a Sunday...

I recall one PPC quoted Norwich Pharmacal Orders (NPO) in order to induce unsuspecting motorists to disclose who was driving a vehicle on a particular day. NPOs have no relevance where PPCs are concerned and any claims that they do should be ignored. Any mention of NPOs and I'd be inclined to ask them to quote the relevant case law or go take a hike, whichever is the more preferable.

[wales01man]

Re: Didn't think private parking guys worked early on a Sunday...

I would never say who was driving unless it was police or Criminal court would these parking hitlers tell you details of who slaooed the litter sorry ticket on the car

[CleverClogs]

Re: Didn't think private parking guys worked early on a Sunday...

Here's a thought - as the car park is private land, the Road Traffic Act(s) wouldn't seem to apply and the driver of a motor-car on private land does not need to be licensed or insured...

So why not tell the parking parasites that a child - or one's pet dog - was driving?

In neither case would they be able to sue the driver.

[labman]

Re: Didn't think private parking guys worked early on a Sunday...

Here's a thought - as the car park is private land, the Road Traffic Act(s) wouldn't seem to apply and the driver of a motor-car on private land does not need to be licensed or insured...

So why not tell the parking parasites that a child - or one's pet dog - was driving?

In neither case would they be able to sue the driver.

The dog would, of course, have had to drive there on public roads. One would assume the car to be a Rover.

[wales01man]

Re: Didn't think private parking guys worked early on a Sunday...

Sure it wasnt a toy car a corgy?

[bluebottle]

Re: Didn't think private parking guys worked early on a Sunday...

Telling them to move off in short, sharp, jerky movements is usually sufficient. That's what I normally hear motorists telling them to do.