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Thread: Protection of Freedoms Act 2012 -Recovery of Parking Charges

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    Regular Member Ziggy's Avatar
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    Default Protection of Freedoms Act 2012 -Recovery of Parking Charges

    Stolen from else where. I would be interested in people opinions and understanding of this.

    "The Bill has now been given Royal Assent although it appears to be waiting for the government to bring it into effect. The Act authorises the government to make additional rules applicable to the act, such as necessary signage. We may have to wait for these to be created before the relevant part of the Act commences.

    In summary, Section 56 means the following


    Where

    a driver is liable, in contract or tort (damages for trespass) in respect of parking on land not subject to statutory parking control (private land)

    and,

    in the case of a claim for damages, a notice is displayed showing the amount of damages the driver is liable for, which is adequate to bring notice of that charge to the attention of the driver,

    then

    the creditor has the right to recover any unpaid parking charges the driver is liable for, from the registered keeper

    if

    the following conditions are also met.


    (1) 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) the creditor (or a person acting for or on behalf of the creditor)—

    (a) has given a notice to driver in accordance with paragraph 7,

    followed by a notice to keeper in accordance with paragraph 8; or

    (b) has given a notice to keeper in accordance with paragraph 9.



    (3) the creditor (or a person acting for or on behalf of the creditor) has
    made an application for the keeper’s details in relation to the period
    of parking to which the unpaid parking charges relate from the DVLA within 28 days.


    (4) any applicable requirements that may be prescribed by the authorities as to the display of notices were met at the beginning of the period of parking to which the unpaid parking charges relate."

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    Regular Member ftm100's Avatar
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    Default

    Think its part of the law banning wheel clamping those poor private parking companys have to make there money somehow

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