Oddfellow
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Everything posted by Oddfellow
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They can't come after you as the driver, as they (presumably) don't know who that was, and they can't come after you as the keeper, as it pre-dates the law (Protection of Freedoms Act 2012) that allows them to do so. If they can't prove who it was, they can't sue you. But if they take it to court (probably many steps down the line), if you don't defend it they could end up with a default judgment no matter what the circumstances of the case. Others will advise on exactly what you should do, and at what stage.
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I guess it depends on the interpretation of the term "valid" pay and display ticket! I think they would struggle getting the "additional charges per 24 hour period" through the court, as that goes against the judgment in the Beavis case - the fact that Parking Eye didn't incur any additional costs for someone overstaying for much longer means they couldn't charge more, or that would have been a penalty. They didn't, which was one of the reasons why they won. Be interesting to know an expert's view on whether Simpleton Parking would be able to get away with that one (but that probably doesn't apply to your defence).
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This offence pre-dates the introduction of PoFA 2012. Have they established that you/your wife was the driver, or are these letters being sent to one of you as the registered keeper? If the latter, I understand they would have had no basis in law for getting that information from DVLA, and that should be your defence. You should also write to DVLA to find out why they chose to release your data without just cause.
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You haven't answered the question on who issued you with the permit for your workplace ...
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I would have thought that if they choose to issue court proceedings against you before the 6 years have expired, their claim would not be statute-barred. If you continue to bury your head in the sand, they could get a default judgment against you.
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That looks like an attempt at an NTK. But as ericsbrother has said, they can't issue a parking charge against you as that is stating that you have agreed to enter into a contract with them, and you can't enter into a contract where their condition is prohibitive. I will leave it to the experts on here to advise on how best to proceed. Good luck!
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Bear in mind they might try! After all, they've already tried to ignore the fact that they have no right in law to pursue you as the vehicle's keeper, as the alleged incident occurred pre-POFA2012!
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Pardon my ignorance, but wouldn't supremacy of contract (between OP and the gym) apply in this case?
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That NTK makes no reference to Protection of Freedoms Act 2012, or that they have obtained the keeper's details from DVLA under whatever that legislation is. Does this mean it is non-compliant as an NTK?
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If you *haven't* been sent an NTK, they would need to know the identity & address of whoever was driving. If you haven't admitted that at any point, it strikes me that they are out of time under PoFA. Is there any chance that your vehicle is registered at another address (e.g. prior to a house-move and you haven't updated your V5C)?
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Can someone more experienced in these matters than I am tell me how on earth they hope to win from this sort of claim? Are they relying purely on people's lack of knowledge of the law???
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No, they want to see the Notice to Keeper (the letter you should have received from the parking co informing you that they have got your details from DVLA under the Protection of Freedoms Act 2012. As a PDF, with all your personal info removed, or the site team will reject it. Read the rules on how to upload files.
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Sure does ... but not the Magistrates.
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Doesn't house the County Court as well, does it? Now that WOULD be ironic!
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aka "Chancers"
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HELP speed camera Witness Statement is incorrect
Oddfellow replied to ohoh's topic in Speeding and Motoring Offences
I guess it could be argued that if no speeding offence had been committed then the police had no authority to require the keeper to identify the driver. Is that what you are arguing? I doubt it will work, mainly because the photographic evidence will be imprinted with date, time, location, speed and index mark. Bear in mind that you aren't dealing with a private parking cowboy set-up who'll capitulate when you throw up a POFA non-compliance defence. You are obliged under s.172 of the Road Traffic Act 1988 to tell them who the driver is, and you will be fined and get points unless you can show that it is impossible to comply "despite your best reasonable and diligent enquiries to establish the driver's identity". The burden of proof is then on YOU to explain why you can't, and the courts would not look favourably on it. -
Caught doing 44 in a 30mph road
Oddfellow replied to billybobynumeroduo's topic in Speeding and Motoring Offences
You'd be very lucky if you were able to take a course after doing 44. They usually use that for "borderline" offences (e.g. up to 40 in a 30). For you to be clocked at 44, your speedo was probably indicating about 48, so it's not like you just crept over the 30 limit. -
Beam , I was under the impression that the Highway Authority can't authorize a private parking company to do anything on a public highway, as it comes under statutory jurisdiction. IIRC, a public highway is not "relevant land" under POFA2012, so there can be no contract to breach.
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The experts on here, who most definitely do not include me - I'm merely an interested bystander - will instruct and inform you in the specifics of how to defend this action , and you should ALWAYS follow their guidance, but the fact that you have supremacy of contract (via having been issued with a permit), and that they don't list parking in a non-designated bay as one of the Terms & Conditions of parking should mean you are OK. Don't let up on the Housing Assoc though!!
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Apologies ... PARKING charge
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EB, it looks as though the small print near the top of their sign says "Breach of the Terms and Conditions of Parking will result in the driver being issued with a Penalty Charge of £100", then lists the Ts & Cs in large print. Does this not constitute formation of the contract, or is there something that I have overlooked in reaching this opinion? The print is small but legible. But in any event, Mags is correct that the Ts & Cs do not refer to having to park in a designated bay, so she isn't in breach.
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Parking Eye PCN - holiday inn lancaster uk
Oddfellow replied to DAVIEDOO60's topic in Private Land Parking Enforcement
It sounds as though the OP might've been using the hotel car park simply out of convenience, rather than him or his colleague staying at the hotel or using its facilities. So he might not have much leverage with Holiday Inn. -
EXCEL PCN 2015 Peel Centre now BW claimform
Oddfellow replied to hollieollo's topic in Private Land Parking Enforcement
I meant do you still have the receipt for the payment you made (i.e. the ticket you bought). -
EXCEL PCN 2015 Peel Centre now BW claimform
Oddfellow replied to hollieollo's topic in Private Land Parking Enforcement
I don't suppose you are one of the messy types like me who doesn't clear out their door bins, and might still have that ticket? If you do, they have no case. If they have no photo of you parked, are they relying on the ticket machine recording the registration number? If so, the number your daughter entered will bear *some* relation to your actual registration, and you could ask them to provide photographic evidence of the vehicle with THAT reg number entering/leaving the car park on those dates and times. This is just simple rambling to suggest ideas. I'm not a legal professional. -
In the Central Motorways Policing Group (CMPG) area, they are increasingly using Section 165 of the Road Traffic Act to seize vehicles where the driver has no insurance, followed by a trip to court for your £200 fine and 6 points.
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