Prior to 1.10.12 any Parking Charge Notices were subject to civil law of contract and a matter between driver and land owner/Co acting oin their behalf. They had to prove who the driver was and there was no obligation on the Reg Keeper or for him to name the driver. Hence it became practice to ignore such tickets.

1.10.12 came into being the Protection of Fredom Act 2012 which gave the right to pursue the Reg Keeper for charges.

However S 56 of that Act said this could only be done if there were signs indicating the charges clearly visible. None mentioned.

BUT interesting in this case is the fact that the ticket was not issued in relation to an infringment of a PARKING CHARGE but one of obstruction which to me is not covered under the Section.

If there was an obstruction then this was on a private road and not attracting a PENALTY CHARGE NOTICE/FIXED PENALTY TICKET under Road Traffic Acts i.e. criminal offence.

It would therefore seem that we go back to the old matter of contract between driver and landowner/company acting on their behalf.

So to me one of three courses of action:

1. Ignore the ticket and any future threatening letters unless there is a letter detailing an action at a County Court. Very doubtful they will take this action in view of time trouble and expense to do so. Even if they did there is an argument as outlined above that this would be unlawful. Still collect evidence re photos of area and lack of signs in case.

2. Run an appeal back to them on the above grounds. Very doubtful that they will accept.

3. Bend over and accept and pay up.

Would be intresting to hear of views of others on this site.

dvd

Edited by Dwight Van Driver on 06/11/2012 at 08:14