Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I would appreciate people's advice on the following point of confusion for me:
From reading posts here and elsewhere, I understood that the foundation for PCNs served on well sign-posted private land was that an implied contract between driver and land-owner (or their agents) had been broken.
As such, I understood that the driver is liable for a penalty charge, should the land-owner, or their agents, be able to construct a case.
Now, however, I note para 2 of Regulation 5 from 'The Civil Enforcement of Parking Contraventions (England) General Regulations 2007' which came into force 31st March 2008 stating that the owner is liable. (see below).
The Traffic Management Act 2004 (c. 18) from which the new regulations have authority, defines:
“owner”, in relation to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered;
Hence, notwithstanding contrary proof, is the registered keeper now liable to charges under the new regulations?
From The Civil Enforcement of Parking Contraventions (England) General Regulations 2007 (NB para 2):
Person by whom a penalty charge is to be paid
5.—
(1) Where a parking contravention occurs, the person by whom the penalty charge for the contravention is to be paid shall be determined in accordance with the following provisions of this
regulation.
(2) In a case not falling within paragraph (3), the penalty charge shall be payable by the person who was the owner of the vehicle involved in the contravention at the material time.
(3) Where—
(a) the vehicle is a mechanically propelled vehicle which was, at the material time, hired from a vehicle-hire firm under a hiring agreement;
(b) the person hiring it had signed a statement of liability acknowledging his liability in respect of any penalty charge notice served in respect of any parking contravention
involving the vehicle during the currency of the hiring agreement; and
(c) in response to a notice to owner served on him, the owner of the vehicle made representations on the ground specified regulation 4(4)(d) of the Representations and Appeals Regulations and the enforcement authority accepted those representations, the penalty charge shall be payable by the person by whom the vehicle was hired and that person shall be treated as if he were the owner of the vehicle at the material time for the purposes of these Regulations.
From reading posts here and elsewhere, I understood that the foundation for PCNs served on well sign-posted private land was that an implied contract between driver and land-owner (or their agents) had been broken
You cannot get a pcn on private ground, police and councils issue PCNs.
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As stated quite clearly by the DVLA, the registered keeper of a vehicle is not necessarily the owner.
In the past I used to drive a company vehicle. The vehicle was allocated to me by the company. The DVLA had me down as the registered keeper, because the vehicle had been issued to me and remain in my possession until such time as the company renewed the vehicle.
But I was never the owner.
Regards, Rooster.
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Registered Keeper vs Driver in new act.
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