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.
Wondering if anyone can help, I am looking for the name of the act which implies I have no legal responsibility to identify the driver?
'
If you receive a ticket in a private car park, such as a supermarket car park, or private multi-story car park, remember that it is not criminal law, but contract law that applies. The driver enters into a contract with the landowner when they driver into the car park. This means that it is only the driver that can be subject to a ticket from a private company. If they do not know who the driver was, they cannot claim a penalty. They have no legal right to demand that you identify the driver. '
its the fact that there is not statute that gives them the right to obtain it from you. this is a civil matter not a criminal one (apart from law breaking that PPCs do of course).
you have it backwards, they have to make their case - and they can't.
Wondering if anyone can help, I am looking for the name of the act which implies I have no legal responsibility to identify the driver?
'
If you receive a ticket in a private car park, such as a supermarket car park, or private multi-story car park, remember that it is not criminal law, but contract law that applies. The driver enters into a contract with the landowner when they driver into the car park. This means that it is only the driver that can be subject to a ticket from a private company. If they do not know who the driver was, they cannot claim a penalty. They have no legal right to demand that you identify the driver. '
Could anyone help with this?
Thanks
Sam
Surely there is no act that says it either way ! The contract is between the driver of the car and the supermarket/car park/etc. If/when they write to you (as the car owner) simply write back and ask them to write to the driver. I was just reading a post somewhere where the company wrote back saying that they had a legal right to find out who the driver was but upon being pushed they suddenly gave up as they knew they were talking rubbish.
Tell them nowt, they have zero power to do owt.
Its like a town drunk demanding your name and address, and treat them like you would the drunk.
Least sed soonest mended.
We are in receipt of your letter dated xxxx, you state the pcn will remain open in our name and further action may be taken to recover this debt if we do not provide details of the driver.
We must point out that this is a civil matter, no contract was entered into by us; your contract is with the driver and we are not legally obliged to furnish you with the driver’s details.
With the above in mind we now consider this matter closed.
We are in receipt of your letter dated xxxx, you state the pcn will remain open in our name and further action may be taken to recover this debt if we do not provide details of the driver.
We must point out that this is a civil matter, no contract was entered into by us; your contract is with the driver and we are not legally obliged to furnish you with the driver’s details.
With the above in mind we now consider this matter closed.
Do you think that covers it?
Thanks
Hi, i wouldnt even do that to be honest. You'll just get the standard template replies of 'pay up' regardless. Ignoring them is far simpler. You'll get a few letters from thier DCA but they'll give up soon enough.
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Originally Posted by Samantha1985
if it was my own I would not have replied in the first place!!