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The Protection of Freedom bill makes it illegal to clamp vehicle on private land.  It is also illegal to prevent the movement of a vehicle.  Unfortunately there is a loophole which will mean that clamping is not abolished but is likely to get worse.

 

However there are a series of nasty clauses in Schedule 4 relating to private parking tickets which enables the owners of vehicles whose vehicles receive a so called "private "parking ticket to be liable for the ticket rather than the driver.

This was sneaked in I suspect as a sop to the parking lobby.  What this does is subverts hundreds of years of contract law and common law and should be resisted.

 

VEHICLES LEFT ON LAND

Offence of immobilising etc. vehicles

54 Offence of immobilising etc. vehicles

(1) A person commits an offence who, without lawful authority-

(a) immobilises a motor vehicle by the attachment to the vehicle, or a part

of it, of an immobilising device, or

(b) moves, or restricts the movement of, such a vehicle by any means,

intending to prevent or inhibit the removal of the vehicle by a person otherwise

entitled to remove it.

(2) The express or implied consent (whether or not legally binding) of a person

otherwise entitled to remove the vehicle to the immobilisation, movement or

restriction concerned is not lawful authority for the purposes of subsection (1).

(3) Subsection (2) does not apply where-

(a) there is express or implied consent by the driver of the vehicle to

restricting its movement by a fixed barrier, and

(b) the barrier was present (whether or not lowered into place or otherwise

restricting movement) when the vehicle was parked.

(4) A person who is entitled to remove a vehicle cannot commit an offence under

this section in relation to that vehicle.

(5) A person guilty of an offence under this section is liable-

(a) on conviction on indictment, to a fine,

(b) on summary conviction, to a fine not exceeding the statutory

maximum.

(6) In this section "motor vehicle" means a mechanically propelled vehicle or a

vehicle designed or adapted for towing by a mechanically propelled vehicle.

Alternative remedies in relation to vehicles left on land

 

55 Extension of powers to remove vehicles from land

(1) Section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles

illegally, obstructively or dangerously parked, or abandoned or broken down)

is amended as follows.

(2) In subsection (1)-

(a) in paragraph (a), after "road" insert "or other land",

(b) in paragraph (b)-

(i) after "road", where it appears for the first time, insert "or other

land", and

(ii) after "road", where it appears for the second time, insert "or

land concerned",

(c) in paragraph (c) for ", or on any land in the open air," substitute "or

other land", and

(d) at the end insert "or other land".

 

(3) In subsection (2)-

(a) in paragraph (a), after "road", where it appears for the third time, insert

"or on land other than a road", and

(b) after paragraph (a), insert-

"(aa) may provide, in the case of a vehicle which may be

removed from land other than a road, for the moving of

the vehicle from one position on such land to another

position on such land or on any road;".

56 Recovery of unpaid parking charges

Schedule 4 (which makes provision for the recovery of unpaid parking charges

from the keeper of a vehicle in cases where it is not known who was driving

the vehicle when the charges were incurred) has effect.

 

SCHEDULE 4 Section 56

RECOVERY OF UNPAID PARKING CHARGES

Introductory

1 (1) This Schedule applies where-

(a) the driver of a vehicle is required by a relevant contract to pay

parking charges in respect of the parking of the vehicle on relevant

land; and

(b) those charges have not been paid or have only been partly paid.

(2) It is immaterial for the purposes of this Schedule whether or not the vehicle

was permitted to be parked (or to remain parked) on the land.

2 In this Schedule-

"the appropriate national authority" means-

(a) in relation to relevant land in England, the Secretary of State;

and

(b) in relation to relevant land in Wales, the Welsh Ministers;

"the creditor" means a person who is for the time being entitled to claim

unpaid parking charges from the driver of the vehicle;

"current address for service" has the meaning given by paragraph 5(3)

(for the driver) or paragraph 7(5) (for the keeper);

"driver" includes, where more than one person is engaged in the

driving of the vehicle, any person so engaged;

"keeper" means the person by whom the vehicle is kept at the time the

vehicle was parked, which in the case of a registered vehicle is to be

presumed, unless the contrary is proved, to be the registered keeper;

"parking charge" means a fee or charge (however described) required

to be paid by the driver of the vehicle under the terms of the relevant

contract in respect of the parking of the vehicle on the land;

"registered keeper", in relation to a registered vehicle, means the

person in whose name the vehicle is registered;

"registered vehicle" means a vehicle which is for the time being

registered under the Vehicle Excise and Registration Act 1994;

"relevant contract" means a contract (including a contract arising only

when the vehicle was parked on the land) between the driver and a

person who is-

(a) the owner or occupier of the land; or

(b) authorised, under or by virtue of arrangements made by the

owner or occupier of the land, to enter into a contract with the

the parking of the vehicle on the land;

"relevant land" has the meaning given by paragraph 3;

"unpaid parking charges" means parking charges which have not been

paid or, where they have been paid in part, the part that has not been

paid;

"vehicle" means a mechanically-propelled vehicle or a vehicle designed

or adapted for towing by a mechanically-propelled vehicle.

3 (1) In this Schedule "relevant land" means any land (including land above or

below ground level) other than-

(a) a highway maintainable at the public expense (within the meaning

of section 329(1) of the Highways Act 1980);

(b) a parking place which is provided or controlled by a traffic authority;

(c) any land (not falling within paragraph (a) or (b)) on which the

parking of a vehicle is subject to statutory control.

(2) In sub-paragraph (1)(b)-

"parking place" has the meaning given by section 32(4)(b) of the Road

Traffic Regulation Act 1984;

"traffic authority" means each of the following-

(a) the Secretary of State;

(b) the Welsh Ministers;

(c) Transport for London;

(d) the Common Council of the City of London;

(e) the council of a county, county borough, London borough or

district;

(f) a parish or community council;

(g) the Council of the Isles of Scilly.

(3) For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is

"subject to statutory control" if any statutory provision imposes a liability

(whether criminal or civil, and whether in the form of a fee or charge or a

penalty of any kind) in respect of the parking on that land of vehicles

generally or of vehicles of a description that includes the vehicle in question.

(4) In sub-paragraph (3) "statutory provision" means any provision (apart from

this Schedule) contained in-

(a) any Act (including a local or private Act), whenever passed; or

(b) any subordinate legislation, whenever made,

and for this purpose "subordinate legislation" means an Order in Council or

any order, regulations, byelaws or other legislative instrument.

Right to claim unpaid parking charges from keeper of vehicle

4 (1) The creditor has the right to claim payment of any unpaid parking charges

from the keeper of the vehicle.

(2) That right applies only if-

(a) the conditions in paragraphs 5 and 6 are met; and

(b) in the case of a registered vehicle, the condition in paragraph 7 is also

met.

(3) That right may not be exercised in relation to a vehicle if, at the beginning of

the period of parking to which the unpaid parking charges relate, the vehicle

is a stolen vehicle.

(4) The vehicle is to be presumed not to be a stolen vehicle at that time, unless

the contrary is proved.

(5) For the purposes of sub-paragraphs (3) and (4), a vehicle is a stolen vehicle

at that time only if-

(a) the vehicle has been stolen, and has not been recovered before that

time; and

(b) any requirements that apply for the purposes of this sub-paragraph

have been complied with by that time.

(6) The requirements that apply for the purposes of sub-paragraph (5) are the

same as those (if any) that apply for the purposes of section 31B(4)(c) of the

Vehicle Excise and Registration Act 1994, as prescribed in regulations under

section 31B(6) of that Act (persons to whom, the times at which and the

manner in which the theft of a vehicle is to be notified).

(7) The maximum sum which may be claimed from the keeper by virtue of the

right conferred by this paragraph is the amount specified in the notice to the

driver under paragraph 6(2)(d), less any payments towards the unpaid

parking charges which are received after the notice is given.

(8) Nothing in this paragraph affects any other remedy the creditor may have

against the keeper of the vehicle or any other person in respect of any unpaid

parking charges (but this is not to be read as permitting double recovery).

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 terms of

the relevant contract which require the unpaid parking charges to be

paid; but

(b) is unable to enforce those terms 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 first condition continues to apply unless and until the unpaid parking

charges are paid.

(3) In this paragraph "current address for service" means an address at which

documents relating to civil proceedings against the driver to enforce

payment under the relevant contract could properly be served under Civil

Procedure Rules.

6 (1) The second condition is that-

(a) a notice that contains the information specified in sub-paragraph (2)

(a "notice to the driver") has been given to the driver by or on behalf

of the creditor; and

(b) at least 28 days have elapsed beginning with the day on which the

notice was so given.

(2) The notice must-

(a) state that by virtue of a contract the driver is required to pay parking

charges in respect of the parking of the vehicle on the land on such

day or days as the notice may specify;

(b) describe the circumstances in which the contract was formed, the

terms which require the driver to pay those charges and the facts that

make them payable;

(c) state that the parking charges in question have not been paid (or paid

in full);

(d) state the total amount of unpaid parking charges due from the driver

(as at such time as may be specified in the notice, which must be no

later than the time specified under paragraph (g));

(e) inform the driver of any discount offered for prompt payment and

any arrangements for the resolution of disputes or complaints that

are made available to the driver;

(f) specify how and to whom payment may be made;

(g) state the time and date on which the notice was issued.

(3) A notice to the driver must be given before the vehicle is removed from the

land in question (and while it is stationary) by affixing it to the vehicle or by

handing it to a person appearing to be in charge of the vehicle.

(4) A notice to the driver may relate to charges incurred over a period of more

than one day; but the same notice may not deal with unpaid parking charges

relating to more than one period of parking.

7 (1) The third condition applies only to registered vehicles.

(2) The third condition is that-

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

applied to the Secretary of State for the name and address of the

registered keeper of the vehicle to be provided to the applicant by

virtue of regulations made under section 22(1)(c) of the Vehicle

Excise and Registration Act 1994,

(b) the Secretary of State has provided that information to the applicant,

and

(c) the day on which a claim for payment by the registered keeper of the

unpaid parking charges is first made by virtue of the right conferred

by paragraph 4 is within the period of 60 days beginning with the

day on which that information was provided by the Secretary of

State.

(3) Information provided by the Secretary of State as mentioned in subparagraph

(2) may be used for the purposes of any claim by virtue of the

right conferred by paragraph 4 for payment of unpaid parking charges

which is made by the same creditor in relation to a period of parking by the

same vehicle (subject to the limitation in sub-paragraph (2)(c)).

(4) For the purposes of sub-paragraph (2)(c), a claim is "first made" on the day

when the creditor gives to the registered keeper a written demand for

payment of the unpaid parking charges (which may be given by handing it

to the keeper or by leaving it at or sending it by post to a current address for

service for the keeper).

(5) In this paragraph "current address for service" means an address at which

documents relating to civil proceedings against the keeper to enforce the

Schedule 4 - Recovery of unpaid parking charges

117

right conferred by paragraph 4 could properly be served under Civil

Procedure Rules.

Application to Crown vehicles etc

8 (1) The provisions of this Schedule apply to-

(a) vehicles in the public service of the Crown that are required to be

registered under the Vehicle Excise and Registration Act 1994 (other

than a vehicle exempted by sub-paragraph (2)), and

(b) any person in the public service of the Crown who is the keeper of a

vehicle falling within paragraph (a).

(2) But this Schedule does not apply in relation to a vehicle that-

(a) at the relevant time is used or appropriated for use for naval, military

or air force purposes, or

(b) belongs to any visiting forces (within the meaning of the Visiting

Forces Act 1952) or is at the relevant time used or appropriated for

use by such forces.

Power to amend Schedule

9 (1) The appropriate national authority may by order made by statutory

instrument amend this Schedule for the purpose of-

(a) adding to, removing or amending the exceptions for the time being

mentioned in paragraph 3(1);

(b) amending the definition of "traffic authority" in paragraph 3(2);

(c) amending or removing the exception in paragraph 4(3) or adding

further exceptions applying to the right conferred by paragraph 4;

(d) adding to, removing or amending the conditions to which that right

is for the time being subject.

(2) The power to amend this Schedule for a purpose falling within subparagraph

(1)(d) includes power to amend the requirements for the time

being mentioned in paragraph 6(2) (whether by adding to, removing or

altering any of those requirements).

(3) An order under this paragraph may-

(a) include incidental, supplementary and consequential provision;

(b) make transitory or transitional provision and savings;

(c) make different provision for different cases, areas or purposes.

(4) A statutory instrument containing an order under this paragraph-

(a) in the case of an order of the Secretary of State, is not to be made

unless a draft of the instrument has been laid before, and approved

by a resolution of, each House of Parliament;

(b) in the case of an order of the Welsh Ministers, is not to be made

unless a draft of the instrument has been laid before, and approved

by a resolution of, the National Assembly for Wales.

 

 

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