were always enforceable against the driver in contract subject to the signage
issue which we are all aware of..
reason that they never went to court was quite simply because for one or two
parking offences it was simply not financially viable proposition.
for 69 tickets it can be financially viable proposition if they win. What they
also want is to set an example and to stop people driving a coach and horses
through their (unfair in my opinion) parking charges. They treat this as a
little cash cow hoping that people will simply be intimidated and pay up. It is
a pity that everyone does not take your stance because if they did, the courts would
be overloaded and the legislation would be repealed. Unfortunately, people are
has happened is that statute has reinforced the fact that these charges are
enforceable in contract but what it is also done (and in my mind completely
unfairly) is made the charges enforceable against the registered keeper.
charges (Public and Private) are the only offence where the person who is not
committed the offence is culpable. It is almost like someone steals your car,
they commit an armed robbery using the car as a getaway and you get charged
with the offence of aiding and abetting because you are the registered keeper!
would certainly run your defences using the previous case law and what I would
say is that the only thing that statute has done is added culpability of the
registered keeper and therefore, the previous authorities still apply. It is a
very thin defence but I think it is worth going for. Remember, that even if you
lose, you will have the satisfaction of knowing that they have spent a shed
load of time and money in legal costs.
is one thing that I have not checked in detail and that is just to confirm that
legal costs are not payable/recoverable under the Protection of Freedoms Act
and that the matter is treated in the same way as a small claim (under £10,000
since 1 April 2013). My understanding is that they are costs are not
recoverable but you need to check that act in minute detail just to be sure. The
last thing you would want is to lose and then be stung for £10,000 worth of
actually going to have a look myself for my own satisfaction and will post up
in due course. It is particularly busy today for me to do research but I might
get 20 minutes later on.