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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64139
Experience:  Over 5 years in practice.
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Civil Enforcement Ltd - parking contravention.Is it legal

Resolved Question:

Civil Enforcement Ltd - parking 'contravention'.

Is it legal? Can they apply the Norwich Pharmacal Order to an organisation or individual to get info on who was driving the vehicle?
Can I send them a bill for my administration costs?
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.

Are you saying that you got a ticket from them ?

 

If so, where were you parked

Customer: replied 4 years ago.

Yes we got a ticket against my registration but I dispute it.

 

I don't dispute that we probably exceded the time frame they allowed for that park.

What I do dispute is the time frame they have given for that carpark, which was presented like an ordinary retail carpark in a town centre and was the only obvious carpark available for the retail units that it serves. I have shopped there before and on previous occasions CAB camera hasn't been there.

 

I don't know who owns the land - CAB or some other body. As a shopper entering a carpark which obviously serves 3 large chain shops (Maplin, Staples, another, which I can't remember, and a Pizza Hut, the time allowed for visiting, purchasing and/or eating is not enough at 1.5 or even 2 hours. This time is set deliberately short to catch people out and I believe something needs to be done about it. It seems like a scam to me. They should have a barrier and make you take a ticket as this would alert you to the cost implications of shopping there.

 

Don't tell me you work for them...Undecided

 

 

 

Expert:  Jo C. replied 4 years ago.

Could you try not to give me so much information. We will get to the point a good deal faster if you only give me that which I ask for.

 

I need to know, in one sentence, what type of land you parked on?

Customer: replied 4 years ago.

Sorry

 

It was a retail carpark in a town centre.

Expert:  Jo C. replied 4 years ago.

Good.

 

Have you admitted being the driver yet?

Customer: replied 4 years ago.

No

 

They are threatening to use the Norwich Pharmacal Order in order to obtain the driver's identity. Can they do this?

Expert:  Jo C. replied 4 years ago.

 

No, they can get the registered keeper's identity. But that doesnt; help them much.

 

But you havent said anything about the driver?

Customer: replied 4 years ago.
No I haven't.Innocent
Expert:  Jo C. replied 4 years ago.

Good. This is a private land fine. They are unenforceable. This is not a parking fine however it may look. These companies are private firms that have no more right to punish you for the manner of your parking than your neighbour does. Only the police or the local council can do that. These are issued on the basis that you have accepted a contract by parking there and breached it by staying too long. To make that work they would have to hang signs over almost every bay and anyway, they still cannot show loss. The way to stop them dead is to write back refusing to give them the name of the driver. They have no power to make you as they are not the police. They only have a 'contract' with the driver and not the registered keeper. That will not stop them writing to you but it will put a stop to any real action being taken. They won't know who to sue. Nothing will ever happen over this.

Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64139
Experience: Over 5 years in practice.
Jo C. and 4 other UK Traffic Law Specialists are ready to help you
Customer: replied 4 years ago.

Would this still apply if the vehicle is owned by a company?

Expert:  Jo C. replied 4 years ago.

Yes, unless the company discloses the name of the driver.

 

Even then they still have to prove who the driver was and unless the owner of the company is going to go to court and give evidence for them, its hard for them to prove.

Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64139
Experience: Over 5 years in practice.
Jo C. and 4 other UK Traffic Law Specialists are ready to help you

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