Escolar Documentos
Profissional Documentos
Cultura Documentos
07/11/2018
Vehicle Registration PWCOM
PCN Reference 1200633913
Date of Incident 25107201?
Site Details METRO INN, BIRMINGHAM FlOAD. WALSALL, W85 GAB
Dear Sir.
Please find allached our Witness Statement, with regards to the above.
The amount claimed is £347.02 (including interest, court‘ and legal fees). however, unless matters are resolved
within the next 7 days. we will be forced to incur further legal costs for preparation. attendance and travel. which
we will seek to recover at the upcoming hearing.
Notwithstanding the above, we are prepared to accept £100 in full and final setllement, if paid within the next 7
clays. If you wish to accept our offer. please email the Legal Team at |egal®ce-service.co.ukproviding your
phone number. and a member of lhe team will return your call to lake the payment.
Yours faithfully,
Legal Team
For and on behaii of
Civil Enforcement Limited
Walsall County and Family Ceurt hearing centre
Bridge House
Bridge Street
Walsall
W51 1J0
Dear Sir,
Please find enclosed our Witness Statement, and file accordingly. We confirm that a copy of the
same has been sent to the Defendant.
Yours faithfully,
Legal Team
BETWEEN
PAUL FISHER
Defendant
l Ashley Cohen of Civil Enforcement Limited, Horton House, Exchange Flagsl Liverpool, L2 3PF (”the
1. I am duly authorised by the Claimant and make this statement in support of the claim brought
2. As set out in the full Particulars of Claim, at all material times the Claimant had the right to
manage the car park METRO INN, BIRMINGHAM ROAD, WALSALL, WSS 3A8 (“the Car Park”).
3. The Claimant uses Automatic Number Plate Recognition ("ANPR") cameras within the Car
Park, which work by capturing images of the text displayed on a vehicle's number plate.
4. The Claimant's ANPR cameras recorded the Defendant's vehicle arriving and leaving the Car
Park at the times set out in the full Particulars of Claim. There are many clear and visible signs
in the Car Park advising drivers of the terms and conditions of use, and drivers are permitted
to park (in said Car Park) in accordance with the terms displayed on the signage. These signs
Page 1 of 5
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM43J1
The nature of the relationship between the Claimant and the Defendant is contractual. The
car park is private land, and consequently drivers require permission before parking on the
land. The Claimant granted permission by way of making a unilateral offer on their signs which
are displayed in the car parks.
At all material times, there were many signs displayed in the Car Park which explained the
terms and conditions of parking. These signs were clear and visible for all drivers to see, and
the Car Park had sufficient lighting and warnings for the Defendant to have acknowledged the
signs. Please see attached, Exhibit 1 (copy of sign). It is abundantly clear that the contract
terms relating to charges are a core term.
We refer the court to Lord Justice Roch's ratio in Vine v Waltham Forest London Borough
"the presence of notices which are posted where they are bound to be seen, for example at the
entrance to a private car park, which are of a type which the car driver would be bound to
have read, will lead to a finding that the car driver had knowledge of and appreciated the
warning".
The Claimant manages car parks authorising drivers to park at the site on a contractual basis,
and the amount sought at the Parking Charge Notice (”PCN") level is a term of contract,
Following the Supreme Court Judgement handed down in the matter of ParkingEye Ltd v
Beavls |2015| UKSC 67, it would be erroneous to conclude that the sum claimed must be a
”... the charge does not contravene the penalty rule, or the Unfair Terms in
10. We submit that the charge does not cause a significant imbalance of the parties’ rights and
obligations arising under the contract. Furthermore, Lord Neuberger and Lord Sumption
asserted the following in the above Supreme Court Judgment:
”Any imbalance in the parties’ rights did not arise 'contrary to the requiremen ts of
goodfaith’, because ParkingEye and the owners had a legitimate interest In inducing
Page 2 of 5
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311
Mr Beavis not to averstay in order to efflcien tly manage the car parkfor the benefit
11. This Judgment delivers much needed clarity to motorists, landowners and the parking
industry, and is binding upon the Small Claims Court, the High Court and any Independent
Appeals Service.
12. The Unfair Terms in Consumer Contracts Regulations 1999 ("UTCCR") also provides that,
where terms of a contract have not been individually negotiated, as is the case here, there is
a requirement that those terms be fair. However, the assessment of fairness of a term does
not apply to the 'core terms' of the contract including the "... adequacy of the price or
UTCCR also requires that the contract terms be in plain and intelligible language (Regulation
7).
13. The Defendant parked her vehicle, registration P77COM (”the Vehicle"), in the Car Park on
25/07/2017, and failed to obtain a permit. The Defendant arrived at 13:19 and departed at
14:37 (total duration of stay 1 hour and 18 minutes), which is further confirmed by the
photographs captured by our ANPR cameras, 3 copy of which has been attached (Exhibit 2).
Please find attached a copy of the Report of the vehicles registered for the day in question, as
a proof that the Defendant failed to register in order to obtain a permit (Exhibit 3).
14. There were many clear, and visible signs in the Car Park, as can be seen from the site plan and
attached photographs of signs in the Car Park (Exhibit 4). which state the following:
”Permit holders only. All visitors must registerfor a permit on a touch screen inside reception
- If you breach any of the above terms you will be charged £100. These terms apply at all
times. Additional costs/recovery charges will be incurred ifpayment is not received within 28
days.”
15. The Claimant sent the Defendant a PCN requesting payment on 27/07/2017 (Exhibit 5), and
a Reminder on 01/09/2017 (Exhibit 6), however, no response was received. As a result of the
Defendant's non-payment of the debt, the Claimant (directly/through its agents) was left with
no alternative but to escalate the matter. This further increased the amount owed, in
accordance with the terms of parking (please see Exhibit 1), which state:
”Additional costs/recovery charges will be incurred if payment is not received within 28 days”.
Page 3 of 5
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311
16. The PCN (Notice to Keeper) was issued under Schedule 4 of Protection of Freedoms Act
("POFA”) 2012 (Exhibit 5), contrary to the Defendant's assertions in his Defence. In
accordance with Schedule 4.4(1), the creditor (Civil Enforcement Ltd), has the right to recover
any unpaid parking charges from the keeper of the Vehicle (the Defendant), as long as the
conditions set out in Schedule 4.9 of POFA (which deals specifically with notices sent by post
after the date of violation to the registered keeper, as is the case here) are met.
17. The Defendant was informed in the PCN that the driver's name and address was not known,
and he was invited to provide us with the name and current address of the driver within 28
days (Sch.4 S.9(2)(e)). The Defendant was also informed that failure to do so would result in
her being held liable, as the registered keeper of the Vehicle, in accordance with (Sch.4
S.9(2)(f1). As the PCN was sent to the Defendant on 27/07/2017 and was, therefore, served
within 14 days of the violation (as per Sch.4 59(5)), and the Defendant failed to
respond/inform us of who the driver was, he became liable for the sum awed as the registered
18. Regarding Defendant's statement that the signage was deficient, please note that the signage
is placed at around 7 feet off the ground in order to deter vandalism, damage or injury, while
remaining easily legible. We also refer to the following statement made by the British Parking
”Regardless of whether they park in private car parks, Council car parks or on—street, motorists
should always park properly and always check any signage displayed to make sure they know
and understand the rules that apply. This is especially so if they are visiting for the first time -
in order to acquaint themselves with the prevailing Terms & Conditions for parking."
Drivers have an obligation to check for signage when parking on private land — the signs do
not need to be placed directly in the position where they parked, they simply must be placed
throughout the site so that drivers are given the chance to read them (BPA Code of Practice,
18.3).
19. Please be advised that we can provide a copy of the contract in a hearing, as this is strictly
Page 4 of5
IN THE COUNTY COURT AT WALSALL CLAIM N0: E4GM43J1
20. The address in our system, 210 WDLVERHAMPTON ROAD, PELSALL, WALSALL. W53 4AQ
was provided to the Claimant by the DVLA on 25/07/2017. The Defendant confirmed his
correspondence with the ZZPS (Debt Recovery company, instructed by us). The Debt
Recovery com pany sent all of their previous correspondence to the same address provided
to us by the DVLA 25/07/2017, as a proof please find attached a copy ofthe first letter sent
to the Defendant on 24/10/2017 {Exhibit 7).
21. A Notice to Keeper (Parking Charge) was sent by the Claimant on 27/07/2017 (Exhibit 5},
despite Defendant's assertion that the Claimant sent the first letter 105 days after the
alleged incident. The Defendant failed to contact Civil Enforcement in order to ask for any
22. The Claimant has been compelled to incur unnecessary legal costs in pursuing this debt and
we request an order for costs, in accordance with the Civil Procedure Rules, to be awarded
in favour of the Claimant.
Statement of Truth
[believe that the facts stated in this Witness Statement are true.
SIGNED:
75d...
ASHLEY COHEN
DATED: 07/11/2018
Page 5 off!
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311
BETWEEN
Claimant
V
PAUL FISHER
QM
BETWEEN
Claimant
V
PAUL FISHER
Defendant
Duration of Stay:0‘t:18
25100201? 1134;191:119
BETWEEN
Claimant
V
PAUL FISHER
BETWEEN
ML!“
V
PAUL FISHER
Defendant
BETWEEN
Qeima—nt
V
PAUL FISHER
Defendant
Jpwwwwww
PAUL FISHER MAKE: FORD
210 WOLVERHAMPTON ROAD FIESTA ZETEC T00) 70
PELSALL
WALSALL WH‘TE
wsa 4A0
izoossam
(
FAILURE TO PAY THE AMOUNT DUE WITHIN 28 DAYS OF THE ISSUE DATE MAY RESULT
IN CIVIL ENFORCEMENT LTD (THE CREDITORlFORWARDING YOUR ACCOUNT TO A DEBT
RECOVERY AGENCY AND YOU MAY INCUR ADDITIONAL COSTS.
El By web Payment can be made online with a debit or credit card at www.ce-servlce.ca.uk
Send a cheque made payable to Civll Enforcement to:
HOW TO PAY fl 35' past Civil Enforcement. Horton House, Exchange Flags, Liverpool. L2 3PF
r B By phone Payment can be made by debit or credit card by telephoning 0115 822 5020
This Notice is issued under Schedule 4ofthe Protection of Freedoms Act 201 2. You can appeal in writing only .:by e-rnall or post) within 23 days to the above address.
You must include your PCN number an anyconespondence and Include all relevant supporting evidence to assist with your case. tryour appeal to us is unsuccessful
[and the 9311an incident took place in England or Wates). we will send you the contact details for Parklnrg on Private Land Appeats (POM) who lfyou wish will
determineyour appeal Independently. tlyou use the POPLA Service. and your appeal Is unsuccessful. the fult Pa rklng Charge will apply and you will no longerhe able
A.- to pay at the reduced rate. Please be advised that POPLA wiil net :1: nsider appeals that have not been sent to us first.
________________________________________________________________________________________________________________________
PAYMENT SLIP
VEHICLE REGESTRATION N0;
PYYCOM
ADDRESS: pm N0:
......... 1200633913
PCN ISSUE DATE:
u
27107/2017
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an In respects the perlodafpattlngand the rhng d1: a have not hm an In tuiti'lu (tedrtoi does no tnowbo Pith! name otthedrherand thecumntaddm fnrservlutariiie dlivel'. We time a inrltewu to
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smite rifle 0111210111! in the use of: vehicle hire tam nywe nut rlttlted copies 0 the ataflmenttaned dommmts], m will hm the right to mmrhom you go mad: of that amount as nmains unpali [MI
Lnloimnent Ltd. Email: ohmmmamuk Company glsmtlon Number 05645677. Reghtmd in Enghnd. Registered Office as abate.
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311
BETWEEN
1
PAULFlSHER
m J
210 WOLVERHAMPTON ROAD m “ESTA ZETEC “30' 79
WALSALL WHITE J
was 4A0 1200533913 )
m 200712017 1
Failure to pay the full amount within fourteen days of this Notice may result in us
proceeding with debt recovery action and/or issuing court proceedings against you.
Additional costs may be incurred
YOUR ABILITY TO OBTAIN CREDIT IN THE FUTURE COULD BE AFFECTED
Methods of payment
B By Web Payment can be made online with a credit or debit card at www.ce-service.co.uk
B By Post Send a cheque made payable to CIVIL ENFORCEMENHOredM/o:
Civil Enforcement Ltd. Horton House. Exchange Flags. Liverpool. L2 3PF
‘33 By Phone Payment can be made by debit or credit card by telephoning 0115 822 5020
Representations: In writing only (by electronic mail or post) within 20 days at the PCN issue date. to the address shown
above, stating the PCN number. Our full appeals process can be found at www.ce-service.co.uk
_____=3:-
PAYMENT SLIP
VEHICLE REGISTRATION NO:
FROM: .......................................................
P77COM
ADDRESS: ................................................
................................................................... 1200633913
................................................................... PCN [SSUE DATE:
2770712017
Pins! detach this paymentslip and mum Ii wnh your payment. You should write the PCN numbet 1111 the raters: aiyourcheque. The reasonable muse for obtaining your delays from the W is Iomhie thetulltt'laon oi
lees'fuu may notify the information (emmlsfluner Indior the DVLA 1! you believe your data has been used Inappmpriateiy. in England andWaiex, ityau make an awn! to us which we reject. we will send you |le tomm
detalis lo! Parting on Pttnta land lwuls [FOPUI - the Independent hppeals Smite. liyau use the POM Smite, and your Appeai ls ummsfut the full Parilnq than]: will 3pm and you vnil nut be abie to pay at the
reduced rill. it is the 11mm rrspousmllity to pay this Pill. llyou m the not the Enwryw may payihis PCN at pram: uswntithe name and turrent ad cites; in: 1mm afthe dnwrand pass on this Kit to the dmqu'yau
are a Kittie Mr! mmplnfand the vchkie was him! nut tithe time the parting toot. plus, please It! us know and provides topyulthe hire agreementarid a (opy althe statement at labll'ny signed by the lilmtmdertlm
wmmtmmmmmmmwnmm hingimncgtmrednfinasabme
IN THE COUNTY COURT AT WALSALL CLAIM NO: E4GM4311
BETWEEN
W PAUI. FISHER
m;
Wk
ZZPS LIMITED
MAY COURT
LINKS BUSINESS CENTRE . . , ' - ' '
OLD WOKING ROAD " , u '7 r (”I
WOKING - ' " ; ,
SURREY ‘31-: H
GU22 BBF w ‘ “A m m
E: W W: W T: 1441932 913916
0991U1UL35128000T45
PAUL FISHER
210 WOLVERHAMPTON ROAD Office Opening Times
PELSALL
WALSALL Monday - Friday I 3:30am - 5:30pm
W53 4AQ
The balance owed is £200 and now includes late payment and debt recovery charges.
0 Pay
0 Contact us
* Telephone: 01932 918916
1‘ Email: customerservices@zzgs.co.uk
* Write: Address as at the head of this letter
a Seek advice (details of how and where are contained overleaf)
Please do not ignore this letter; we are here to help you resolve this PCN.
For your information, a recent Supreme Court ruling (ParkingEye —v- Beavis) has confirmed that a Parking
Charge issued on private land is enforceable and the Parking Charge does not breach the Unfair Terms in
Consumer Contracts Regulations 1999.
We are instructed to continue to pursue the matter in the absence of any contact from you.
Yours sincerely
Customer services
Customer Services
ZZPS Limited
Ban” , _ C ZIPS lelted, regtstered In England a Warm numbered 07545404. var No. 133 2537 35
__ 1'“: ' _ x Registered Ofltca: 71-75 Shelton Street Coven: Garden London WCZ‘H 9J0
—u-nm mun...
ZZP01_1_L35128_241017M|000?45\1169\10f2\
How to Pay
Online/lnternet Banking
Pay using your own online banking system or visit www.zz s.co.uk/home/m -zz s
By Telephone
You can arrange to pay by Debit or credit card‘, by calling 01932 918916.
' A charge may be incurred for use of a credit or debit card.
At any Bank
By Cash, Cheque or Postal Order; fill in a bank paying slip and make your payments at your local
branch of any bank.
Please quote the reference on the reverse of your payment, which can be found on the front of
this letter. You must allow five working days for the payment to reach us.
By Post
You should send your Cheque/Postal Order, made payable to ZZPS Ltd, to the correspondence
address shown overleaf and quote Reference on the reverse of your payment, found on the front
of this letter. 00 not send cash, unless it is by Recorded Delivery mail.
For advice and information on debt and other topics. visit your local Citizens Advice
Citizens Advice: Bureau (address in the phone book) or go to www.adviceguide.gov.uk (England and
Wales), www.cas.gov.uk (Scotland) or www.citizensadvice.co.uk (Northern Ireland).
Advice4Dethl: If you live in Northern Ireland phone 0800 917 4607 or visit www.advice4debtni.com
StepChange: For debt advice throughout the UK phone 0800 138 1111 or visit www.stegchange.org
Pay Plan: For debt advice throughout the UK, phone 0800 2802816 or visit www.gayglan.com
uPu1_1_L35123_241017_M\o00745\1490\2of2\
136 Protection of Frccdmns Act 2012 (c. 9)
Schedule 3 — Corresponding rude nfpmctice for Welsh devolved powers ufentry
Interpretation
6 In this Schedule —
“the devolved powers of entry code" has the meaning given by
paragraph 3(10),
“power of entry” and “associated power” have the meaning given by
section 46.
SCHEDULE 4 Section 56
RECOVERY OF UNPAID PARKING CHARGES
Introductory
“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) 1n 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.
4 (1) The creditor has the right to recover any unpaid parking charges from the
keeper of the vehicle.
(2) The right under this paragraph applies only if —
(a) the conditions specified in paragraphs 5, 6, 11 and 12 (so far as
applicable) are met; and
(b) the vehicle was not a stolen vehicle at the beginning of the period of
parking to which the unpaid parking charges relate.
(3) For the purposes of the condition in sub—paragraph (2)(b), the vehicle is to be
presumed not to be a stolen vehicle at the material time, unless the contrary
is proved.
(4) The right under this paragraph may only be exercised after the end of the
period of 28 days beginning with the day on which the notice to keeper is
given.
(5) The maximum sum which may be recovered from the keeper by virtue of the
right conferred by this paragraph is the amount specified in the notice to
keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any
payments towards the unpaid parking charges which are received after the
time so specified).
(6) 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).
Protection anrmioms Act 2012 (c. 9) 139
Schedule 4 — Recovery of unpaid parking charges
(7) The right under this paragraph is subject to paragraph 13 (which provides
for the right not to apply in certain circumstances in the case of a hire
vehicle).
(g) inform the keeper of any discount offered for prompt payment and
the arrangements for the resolution of disputes or complaints that
are available;
(h) identify the creditor and specify how and to whom payment or
notification to the creditor may be made;
(i) specify the date on which the notice is sent (if it is sent by post) or
given (in any other case).
(3) The notice must relate only to a single period of parking specified under sub—
paragraph (2)(a) (but this does not prevent the giving of separate notices
which each specify different parts of a single period of parking).
(4) The notice must be given by—
(a) handing it to the keeper, or leaving it at a current address for service
for the keeper, within the relevant period; or
(b) sending it by post to a current address for service for the keeper so
that it is delivered to that address within the relevant period.
(5) The relevant period for the purposes of sub-paragraph (4) is the period of 28
days following the period of 28 days beginning with the day after that on
which the notice to driver was given.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to
have been delivered (and so “given" for the purposes of sub-paragraph (4))
on the second working day after the day on which it is posted; and for this
purpose “working day“ means any day other than a Saturday, Sunday or a
public holiday in England and Wales.
(7) When the notice is given it must be accompanied by any evidence prescribed
under paragraph 10.
(8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of
disputes or complaints includes—
(a) any procedures offered by the creditor for dealing informally with
representations by the keeper about the notice or any matter
contained in it; and
(b) any arrangements under which disputes or complaints (however
described) may be referred by the keeper to independent
adjudication or arbitration.
9 ('1) A notice which is to be relied on as a notice to keeper for the purposes of
paragraph 6(1)(b) is given in accordance with this paragraph if the following
requirements are met.
(2) The notice must—
(a) specify the vehicle, the relevant land on which it was parked and the
period of parking to which the notice relates;
(b) inform the keeper that the driver is required to pay parking charges
in respect of the specified period of parking and that the parking
charges have not been paid in full;
(c) describe the parking charges due from the driver as at the end of that
period, the circumstances in which the requirement to pay them
arose (including the means by which the requirement was brought to
the attention of drivers) and the other facts that made them payable;
(d) specify the total amount of those parking charges that are unpaid, as
at a time which is—
142 Protection ofFreedums Ac! 2012 (c. 9)
Schedule 4 - Recovery ofunpm‘d parking charges
(a) any procedures offered by the creditor for dealing informally with
representations by the keeper about the notice or any matter
contained in it; and
(b) any arrangements under which disputes or complaints (however
described) may be referred by the keeper to independent
adjudication or arbitration.
10 (1) The appropriate national authority may by regulations made by statutory
instrument prescribe evidence which must accompany a notice which is to
be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) or
paragraph 6(1)(b) (as the case may be).
(2) The regulations may in particular make provision as to—
(a) the means by which any prescribed evidence is to be generated or
otherwise produced (which may include a requirement to use
equipment of a kind approved for the purpose by a person specified
in the regulations); or
(b) the circumstances in which any evidence is, or is not, required to
accompany a notice to keeper.
(3) The regulations may -—
(a) include incidental, supplementary, transitional, transitory or saving
provxsion;
(b) make different provision for different purposes.
11 (1) The third condition is that—
(a) 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;
(b) the application was made during the relevant period for the
purposes of paragraph 8(4) (where a notice to driver has been given)
or 9(4) (where no notice to driver has been given);
(c) the information sought by the application is provided by the
Secretary of State to the applicant.
(2) The third condition only applies if the vehicle is a registered vehicle.
(3) In this paragraph “application for the keeper’s details” means an application
for the following information to be provided to the applicant by virtue of
regulations made under section 22(1)(c) of the Vehicle Excise and
Registration Act1994—
(a) the name of the registered keeper of the vehicle during the period of
parking to which the unpaid parking charges relate; and
(b) the address of that person as it appears on the register (or, if that
person has ceased to be the registered keeper, as it last appeared on
the register).
12 (1) The fourth condition is that any applicable requirements prescribed under
this paragraph were met at the beginning of the period of parking to which
the unpaid parking charges relate.
(2) The appropriate national authority may by regulations made by statutory
instrument prescribe requirements as to the display of notices on relevant
land where parking charges may be incurred in respect of the parking of
vehicles on the land.
144 Protection of Freedoms Act 2012 (c. 9)
Schedule 4 — Recovery nfunpuid parking charges
(3) The ptovision made under sub-paragraph (2) may, in particular, include
provnsron—
(a) requiring notices of more than one kind to be displayed on any
relevant land;
(b) as to the content or form of any notices required to be displayed; and
(c) as to the location of any notices required to be displayed.
(4) Regulations under this paragraph may—
(a) include incidental. supplementary, transitional, transitory or saving
prov1510n;
(b) make different provision for different areas or purposes.
Hire vehicles
'13 (1) This paragraph applies in the case of parking charges incurred in respect of
the parking of a vehicle on relevant land if —
(a) the vehicle was at the time of parking hired to any person under a
hire agreement with a vehicle-hire firm; and
(b) the keeper has been given a notice to keeper within the relevant
period for the purposes of paragraph 8(4) or 9(4) (as the case may be).
(2) The creditor may not exercise the right under paragraph 4 to recover from
the keeper any unpaid parking charges specified in the notice to keeper if,
within the period of 28 days beginning with the day after that on which that
notice was given, the creditor is given-
(a) a statement signed by or on behalf of the vehicle-hire firm to the
effect that at the material time the vehicle was hired to a named
person under a hire agreement;
(b) a copy of the hire agreement; and
(c) a copy of a statement of liability signed by the hirer under that hire
agreement.
(3) The statement of liability required by sub-paragraph (2)(c) must—
(a) contain a statement by the hirer to the effect that the hirer
acknowledges responsibility for any parking charges that may be
incurred with respect to the vehicle while it is hired to the hirer;
(b) include an address given by the hirer (whether a residential, business
or other address) as one at which documents may be given to the
hirer;
(and it is immaterial whether the statement mentioned in paragraph (a)
relates also to other charges or penalties of any kind).
(4) A statement required by su b-paragraph (2)(a) or (c) must be in such form (if
any) as may be prescribed by the appropriate national authority by
regulations made by statutory instrument.
(5) The documents mentioned in sub-paragraph (2) must be given by —
(a) handing them to the creditor;
(b) leaving them at any address which is specified in the notice to keeper
as an address at which documents may be given to the creditor or to
which payments may be sent; or
(c) sending them by post to such an address so that they are delivered to
that address within the period mentioned in that sub-paragraph.
Protection of Frecdoms Act 2012 (c. 9) “145
Schedule 4 - Recovery of unpaid parking charges
(d) inform the hirer of any discount offered for prompt payment and the
arrangements for the resolution of disputes or complaints that are
available;
(e) identify the creditor and specify how and to whom payment may be
made; and
(f) specify the date on which the notice is sent (if it is sent by post) or
given (in any other case).
(6) The documents mentioned in sub-parag'raph (2)(a) must be given by—
(a) handing them to the hirer;
(b) leaving them at an address which is either—
(i) an address specified in the statement of liability mentioned in
paragraph 13(2)(c) as an address at which documents may be
given to the hirer; or
(ii) an address at which documents relating to civil proceedings
could properly be served on the hirer under Civil Procedure
Rules; or
(c) sending them by post to such an address so that they are delivered to
that address within the relevant period for the purposes of sub-
paragraph (2)(a).
(7) In subparagraph (5)(cl) the reference to arrangements for the resolution of
disputes or complaints includes—
(a) any procedures offered by the creditor for dealing informally with
representations by the hirer about the notice or any matter contained
in it; and
(b) any arrangements under which disputes or complaints (however
described) may be referred by the hirer to independent adjudication
or arbitration.
(2) The power to amend this Schedule for the purpose mentioned in sub-
paragraph (1)(b) includes, in particular, power to add to, remove or
amend—
(a) any provisions that are applicable for the purposes of a condition;
and
(b) any powers of the appropriate national authority to prescribe
anything for the purposes of a condition by regulations made by
statutory instrument.
(3) An order under this paragraph may—
(3) include incidental, supplementary, transitional, transitory or saving
provision;
(b) make different provision for different purposes.
Parliamentary procedure