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As far as I can tell, PoFA is the only legislation which applies (covers) to recovering 'parking charges' on private land.

 

There appears to be instances where 'the company are not quoting PoFA', or it doesn't 'apply to the site'.

 

My limited understanding is that if a private land owner / car park operator wants to recover unpaid parking charges then they must comply with the PoFA

as this is the only legislation designed to regulate these activities.

 

 

I've been having a conversation with the DVLA and they say that "is only applicable if the parking company is using the keeper liability provisions". What else could they use?

 

I understood that this legislation deals with such activity and is 'the law'.

How could they not use (or effectively ignore) PoFA?

 

A bit confused.

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is this to do with your CEL thread?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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is this to do with your CEL thread?

 

 

dx

It is, but is general in nature rather than the specific instance of CEL. That's why I didn't append it to the existing thread.

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The PoFA essentially lays down a set of rules that entitle the landowner or his assignee to claim monies owed by way of a contract or breach of contract for parking on that land. Most of it concerns keeper liability and notification to the keeper to enable the liability of the driver (who accepts the contract in the first place) to be placed upon the keeper of the vehicle if the driver is not known to the other party in the contract (LL or parking co). If the parking company does not follow the requirements of the law as laid down in paras 5, 6 8 and 9 of the POFA no keeper liabiliy shall exist and then the parking co can only chase the driver and as at this point they dont know who the driver is and cannot assume that the kepper and driver are the same they are basically stuck with no-one to chase.

 

If you contact the parking co and admit being the driver at the time for whatever reason then the safeguards frok being chased as the keeper disappear and it is all down to contract law. This means that identify yourself as the driver and the parking co doenst have to abide by the legislation as it is purely down to the signage and permissions and the wording of any of their demands is irrelevant and they may even try and claim that ANY thing they add to the original bill can be justified by the mealy moutheed vague wording about recovry of further costs (not strictly true) but they really dont have a case for this under keeper liability as the keeper isnt accepting the wording of the contract so would automatically be an unfair contract of they were forced into further conditions that were not express at the time (doesnt stop parking cos' just ramping up the bill in the hope that someone will pay).

 

So, dont admit to being the driver and they have to follow set rules and use particular language or they dont get any money ever. That is why we rarely spell out what they have got wrong, I wouldnt like it if they changed all of their letters and signage because we are acting as unpaid management consultants and then tried to get the money by retrospective changes.

 

It doesnt change other defences such as incorrect signagea nd in CEL's case probably no contract with landowner as CEL keep forgetting what name they are using on a week to week basis, nor can they remember the names of the directors of the company or whether it is a subsidiary or parent of any other company, simple things to know when it comes to filing your accounts and necessaries with Companies House but they have trouble on that front and Ashley has a lot of trouble signing his name, it comes out as all sorts of different ones in different places.

Edited by honeybee13
Paras.
  • Haha 1

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Thank you ericsbrother. It makes it clearer now.

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