Parking charge notice and the DVLA

[rgjbloke]

One small point. If it's a local authority ticket, were you parked on the highway?

I've had tickets from my local authority before where I was parked on some grass in front of my house. A bailiff was chasing me for £850 for it when I realised that the Council only have legal powers to issue a ticket on the highway.

I had to write to them twice to get them to concede that they were wrong. It gave me great pleasure to tear up the bailiffs threatening letters.

Bear in mind though that some grass verges are part of the highway.

 

[ashford_old_school]

Well there's too much to spout on here, saying things like "Tell the officer you wish to refer to a copy of PACE and they will have to wait for another patrol car to bring them a copy" is bollocks.

As is "Get the officers to explain why they picked on you. Under the provisions of the Human Rights Act they'll need a coherent explanation - "because you have got a red car" isn't good enough any more!"

Find me a section of the HRA that says that? I would suggest the officers answer in almost every incident of being stopped for speeding will be "....because you were speeding"

"Never produce your driving licence at the road side. You only have to provide the officer with your name, address and occupation.".....also bollocks, AFAIK theres no legislation requiring anyone to provide their occupation, name address and dob are all thats required. Though, again in contrary to this website, carrying your driving licence is technically a legal requirement though rarely enforced due to the '7 days to produce defence'

Also "Ask to see the evidence and get them to explain how the equipment works and show you the markers that they used on or near the carriageway. Don't forget the patrol car's equipment will have been manually operated and there's room for human error."......Which simply won't happen Driver:'Officer, show me how that equipment works!'... Officer: 'No'.... that wont get you off a ticket in court.

Just a few bits Ive noticed, youre better off looking up legislation.gov.uk or speaking to a Road Traffic specialist solicitor.

This little bit may explain some of it 'Page updated: 5 Apr 2006'

I wouldnt rely on pepipoo

None of which has any bearing on the OP's topic of parking. But thanks anyway.


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[hogspawn]

None of which has any bearing on the OP's topic of parking. But thanks anyway.


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OP asked for advice on parking, BB posted a link to a site offering advice, I noticed that the site may be offering shite advice and pointed that out, but don't let relevance stand in your way of trying to look like a big boy by putting someone down.

 

[geezer466]

Sorry BB but that site is out of date and theres a lot of bollocks spouted on there too

Try looking around the site...

This is the forum dedicated to private firm tickets. Lost of relevant information in there and real case studies. Already a dozen or more posts as of this morning.

Pepipoo were of great help to me in getting justice when I took Hampshire scameraship all the way to the High Court about 10 years ago.

FightBack Forums -> Private Parking Tickets & Clamping

 

[geezer466]

Yeah v true, just clicked on the pepipoo link and thought it was shite.

The bit about not paying parking 'charges' is an interesting one though. I know of people who have been sent charges from tesco and mcdonalds who then went and got county court judgements against the motorist who ended up with court bailiffs at their door with a warrant of seizure for goods.

Which is why it is vitally important not to acknowledge or respond to any of the letters.

They have to establish who exactly was driving the vehicle on the day in question in order to issue a summons. It is not acceptable to simply accept a summons to the registered keeper in the hope it was him.

If there is doubt they will not take the chance. In most cases people self imcriminate by responding telling them the charges are outrageous ect, giving the firm all the evidence they need as to who was driving and 'broke the contracted terms'.

The whole thing borders on contract law in which the firm relies upon you by parking agreeing to a banal set of rules regards time and use ect.

 

[Punch]

I have a question on car parking which is not relevant to this post but which has raised my curiosity a number of times.

It is the words "Not transferable", which appear on the ticket issued for display on the vehicle for the duration of the period paid for. It appears on the tickets of both private and public authority car parks. This, I understand, suggests that it is not permissible for me to pass a ticket which at that moment has not expired, to another motorist for their use.

I believe when I "buy" a ticket that the four hours (or whatever) of parking space which that ticket states I am now entitled to is mine to dispose of as I please. Therefore if I leave in two hours the unused time is still mine.

So why is it "suggested" (it cannot be enforceable surely) that I cannot "gift" that part-used ticket to a friend or a total stranger who has just arrived as I leave?

This is simply a way to (very subtly) increase the revenue from the car park.

(If I buy a bag of grapes and feel unable to finish them I can give the balance to a friend! Can't I?).

 

[hogspawn]

Try looking around the site...

This is the forum dedicated to private firm tickets. Lost of relevant information in there and real case studies. Already a dozen or more posts as of this morning.

Pepipoo were of great help to me in getting justice when I took Hampshire scameraship all the way to the High Court about 10 years ago.

FightBack Forums -> Private Parking Tickets & Clamping

Oh I'm sure the forums are, as another poster mentioned.

I'd just looked at the 'Law-theory' and 'Law-reality' bits. I wouldn't want people to get false hope thinking they can dazzle a copper when stopped and in reality end up making the situation worse.

I despise camera based enforcement and parking bastards as they are privately run for profit most of the time. The dangers of outsourcing public functions to the private sector sadly.

 

[hogspawn]

Which is why it is vitally important not to acknowledge or respond to any of the letters.

They have to establish who exactly was driving the vehicle on the day in question in order to issue a summons. It is not acceptable to simply accept a summons to the registered keeper in the hope it was him.

If there is doubt they will not take the chance. In most cases people self imcriminate by responding telling them the charges are outrageous ect, giving the firm all the evidence they need as to who was driving and 'broke the contracted terms'.

The whole thing borders on contract law in which the firm relies upon you by parking agreeing to a banal set of rules regards time and use ect.

There is no summons as I understand it, just a 'Charge' apparently. They state on their signs that 'by parking here you enter into a contract with Bastard&Co parking contractors' etc.

Though don't bang on too much about contract law, you'll sound like a Freeman on the land..... Which is just embarrassing

 

[HappyNomad]

All here mate, short answer yes they can.

Release of information from DVLA records

Seems to me that it is not part of the elected governments business to be dobbing in the electorate for money... Has the legality of this self awarded freedom to sell our data to anybody they choose ever been tested in court I wonder *.

Government (of whichever stripe) are not always very good at getting legislation right and fit for purpose. (as Theresa May might agree in respect of deporting alleged terrorists to Jordan )

* I have no immediate plans to challenge the Govt. as a), I have no parking charges outstanding and b), it is easier to just pay up if you have parked you car anywhere that parking charges are legally applied

 

[Steven]

Maybe someone should go visit the DVLA.

Mord in Arbeitsagentur: Vier Messerstiche! Der Killer faselt von Unfall | Düsseldorf | EXPRESS

Seems he was a little bit upset at the idea of his data being sold on to a third party.

Job centre employee stabbed to death at work - The Local - English version but it miss a few bits out.

 

[geezer466]

There is no summons as I understand it, just a 'Charge' apparently. They state on their signs that 'by parking here you enter into a contract with Bastard&Co parking contractors' etc.

Though don't bang on too much about contract law, you'll sound like a Freeman on the land..... Which is just embarrassing

That is all this is. An agreement (contract is struck) with whomever parks the car to park for x amount of time for free or a charge. Overstay that time frame then by virtue of the agreement and you doing so you are agreeing to pay whatever the charge is.

The key is the agreement is with whomever parked the car. They need to know who this is before they can send the bill ----- through to-----> Court paperwork.

Most people dob themselves in it by either phoning them up or writing to them tell them to poke their charge where the sun shines.

As to the OP's point a number of Government agencies sell on information for a charge not only DVLA but Land Registry, census records (ancestry.com and the like have to pay for these in the first place). It's a great little money making scam.

 

[Bravo_Bravo]

Yeah v true, just clicked on the pepipoo link and thought it was shite.

The bit about not paying parking 'charges' is an interesting one though. I know of people who have been sent charges from tesco and mcdonalds who then went and got county court judgements against the motorist who ended up with court bailiffs at their door with a warrant of seizure for goods.

Amusingly, I think your last paragraph can be described with the phrasing evident in the first.

I'll summon the emergency services forthwith requesting they deal with the combustion episode in your undergarments.

Loving these pompous pills, me.

 

[Bravo_Bravo]

That is all this is. An agreement (contract is struck) with whomever parks the car to park for x amount of time for free or a charge. Overstay that time frame then by virtue of the agreement and you doing so you are agreeing to pay whatever the charge is.

The key is the agreement is with whomever parked the car. They need to know who this is before they can send the bill ----- through to-----> Court paperwork.

Most people dob themselves in it by either phoning them up or writing to them tell them to poke their charge where the sun shines.

As to the OP's point a number of Government agencies sell on information for a charge not only DVLA but Land Registry, census records (ancestry.com and the like have to pay for these in the first place). It's a great little money making scam.

Even though you're using a big word like "whomever", given the six essentials for a contract are consideration capacity consensus formality legality and intention, I'd say you're talking made-up bollocks.

 

[Wordsmith]

ARRSE: second only to the Court of Appeal for handing down definitive rulings on complex legal points...

Wordsmith

 

[hogspawn]

Amusingly, I think your last paragraph can be described with the phrasing evident in the first.

I'll summon the emergency services forthwith requesting they deal with the combustion episode in your undergarments.

Loving these pompous pills, me.

No no my undeployed friend. Ones pants pants are not even smouldering.

Though as pointed out by another poster, the reason these people ended up in such a situation is probably that they acknowledged the contract between themselves and the parking company.

In the course of my duties I have had several people approach me with such stories, I always point them towards a solicitor, but I do believe them.

 

[Bravo_Bravo]

No no my undeployed friend. Ones pants pants are not even smouldering.

Though as pointed out by another poster, the reason these people ended up in such a situation is probably that they acknowledged the contract between themselves and the parking company.

In the course of my duties I have had several people approach me with such stories, I always point them towards a solicitor, but I do believe them.

You're naive to do so.

 

[hogspawn]

You're naive to do so.

Possibly, though they came into the station with a fistful of demanding letters from parking contractors and the county court so I had no reason to disbelieve them, I also had neither the time nor the interest to read them all so I fucked them off to someone who could actually help.