Contractual Parking Charge Notice

[mystery1]

Re: Contractual Parking Charge Notice

Well seems she has to pay then.


The more I read about the IAS the more a joke it is as the parking notice states that if you appeal you lose the right to pay a reduced fee, that in itself is a joke.

Bit like the banks old charges were OTT before the public outcry, how can £90.00 be justified ?

I would supply the name and address of the driver and hope to get offered the discount again. If they continue to pursue the keeper they're goosed. If they send the driver a notice then the worst that happens is they have to pay £100.

M1

[lookingforward]

Re: Contractual Parking Charge Notice

I would supply the name and address of the driver and hope to get offered the discount again. If they continue to pursue the keeper they're goosed. If they send the driver a notice then the worst that happens is they have to pay £100.

M1

You mean the keepers goosed or the parking Co ?

[mystery1]

Re: Contractual Parking Charge Notice

The parking company. Keeper liability ceases as soon as the name and address of the driver are given unless court action has started. Many parking companies continue regardless of this when they should subsequently pursue the driver when they get their details.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Right to claim unpaid parking charges from keeper of vehicle


4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
(2)The right under this paragraph applies only if—
(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and
(b)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.


Conditions that must be met for purposes of paragraph 4


5(1)The first condition is that the creditor—
(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.
(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.




M1

[lookingforward]

Re: Contractual Parking Charge Notice

The parking company. Keeper liability ceases as soon as the name and address of the driver are given unless court action has started. Many parking companies continue regardless of this when they should subsequently pursue the driver when they get their details.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Right to claim unpaid parking charges from keeper of vehicle


4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
(2)The right under this paragraph applies only if—
(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and
(b)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.


Conditions that must be met for purposes of paragraph 4


5(1)The first condition is that the creditor—
(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.
(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.




M1

Thanks much appreciated

I take it 5 (2) "proceedings" is court action

Not heard anything so far might wait until I get the 1st chaser then give the driver details. This is just in the hope they may forget all about it anyway so don't want to stir the hornets nest so to speak

[mystery1]

Re: Contractual Parking Charge Notice

I take it 5 (2) "proceedings" is court action

I would say so.

M1

[lookingforward]

Re: Contractual Parking Charge Notice

Thanks, really appreciate all teh help you've given.

Will sit wait and hope now

[lookingforward]

Re: Contractual Parking Charge Notice

Final notice from G24 rec'd at the weekend for the 1st offence. If after 28 days payment not made they will take further action via a DCA additional charges may arise.

Daughter or I don't have the money right now as she's between jobs i.e. working a month in hand before pay.

As we've decided earlier in the thread to name her as the driver can we wait for the DCA contact then tell them to buy more time or is it better to tell G24 at this time ?

Is there any specific wording that's used to tell them who the driver is ?

[mystery1]

Re: Contractual Parking Charge Notice

Final notice from G24 rec'd at the weekend for the 1st offence. If after 28 days payment not made they will take further action via a DCA additional charges may arise.

Daughter or I don't have the money right now as she's between jobs i.e. working a month in hand before pay.

As we've decided earlier in the thread to name her as the driver can we wait for the DCA contact then tell them to buy more time or is it better to tell G24 at this time ?

Is there any specific wording that's used to tell them who the driver is ?

G24 rarely go to court. http://www.bmpa.eu/companydata/G24.html

You don't want to tell them unless you feel the keeper is about to get court papers but that's a guessing game as to when. As above probably never based on current information.

No specific wording to name the driver, just tell them who it was and the address.

M1

[lookingforward]

Re: Contractual Parking Charge Notice

Thanks, I'll hold back on telling them who was driving for as long as possible then if that's OK to do ?, I'm just asking again because in post #61 you said I should tell them who the driver was so just want to make sure I'm doing the right thing keeping quiet.

[mystery1]

Re: Contractual Parking Charge Notice

Thanks, I'll hold back on telling them who was driving for as long as possible then if that's OK to do ?, I'm just asking again because in post #61 you said I should tell them who the driver was so just want to make sure I'm doing the right thing keeping quiet.

That was because you put it that she was going to pay and i was trying to see if she could pay less (not nothing as it appeared this wasn't an option she wanted)

M1

[lookingforward]

Re: Contractual Parking Charge Notice

That was because you put it that she was going to pay and i was trying to see if she could pay less (not nothing as it appeared this wasn't an option she wanted)

M1

Hiya,

Sorry for the confusion, she'd rather not pay if she can help it as she doesn't have much money but was going to pay rather than get her brother into trouble who's the registered keeper.

Going by what you've said about their court record (or lack of) she says she will hold fire and hopefully they will huff and puff, add a load of charges and threaten but not actual do anything.

If they do appear to be getting heavy then she has the option of naming herself as the driver at that point and hopefully they will then even at that stage have to send her the charge form possibly with the lower charge.

So she's doing nothing at the moment

[lookingforward]

Re: Contractual Parking Charge Notice

After a period of quiet 2 letters rec'd today (1 for each parking fine) from DRP Ltd demand for payment £150.00 on each.

Contains:-

Some blurb to scare about a supreme court landmark decision in Nov 2015 which was a test case and now people have to pay.

A link to where I can pay

What will happen if I dont pay......You are liable for this charge and if you dont pay full amount by 9th or not agreed payment option will will recommend to creditor that court action should be taken to recover what is owed


So just sit it out and await next letter.....all very de ja vu for me

[mystery1]

Re: Contractual Parking Charge Notice

Yup, debt collection bollocks should be ignored. Only a letter before claim or court papers require a response should they ever appear.

M1

[lookingforward]

Re: Contractual Parking Charge Notice

Thanks

[lookingforward]

Re: Contractual Parking Charge Notice

Chase up letter with red footer for scare purposes rec'd for both incidents todat

Starts off headed "notice of intended court action" ----we note you haven't yet paid and you haven't contacted us to tell us you're not liable for the charge we've taken this to mean you agree yo're liable for it.

What happens next------- If you haven't paid in full or made arrangements to pay by xyz we'll pass your file to our client with a recommendation that they take court action against you

The stuff about what if you have problems paying, what if our client takes court action etc.


I take this to be another huff n puff letter that I will ignore unless you think otherwise