This newspaper report details how ParkingEye issued a ticket to a man who had sold his car six months previously.
Colin Leggett, the former owner, contact ParkingEye by email to inform them of the details of the new owner, but ParkingEye refused to cancel the charge.
When asked to comment by the newspaper, ParkingEye stated (obviously unaware of the irony) "ParkingEye operates an industry-leading audited appeals process."
The legal situation is that this parking charge is covered by contract law, which in normal circumstances would mean only the parties to the contract are liable- in other words the driver. Recent changes to the law, mean that since 1 October 2012 the keeper, in certain circumstances, can also be held liable.
The keeper is defined by legislation as follows
ParkingEye therefore have no possible prospect of enforcing any charge against Mr Leggett. ParkingEye head of legal is Rachel Ledson, who seems blissfully unaware of the laws under which her industry operates. Ms Ledson has a history of filing cases against motorists who are neither the driver nor keeper as this blog post from 2013 confirms.
ParkingEye's other solicitor, and the one who now files court claims, is Rosanna Breaks. She has not previously been known to be involved with filing claims when the defendant was neither driver nor keeper. The Prankster will therefore be keeping an eye on this charge to see if Ms Breaks breaks her duck.
Happy Parking
The Parking Prankster
Colin Leggett, the former owner, contact ParkingEye by email to inform them of the details of the new owner, but ParkingEye refused to cancel the charge.
When asked to comment by the newspaper, ParkingEye stated (obviously unaware of the irony) "ParkingEye operates an industry-leading audited appeals process."
The legal situation is that this parking charge is covered by contract law, which in normal circumstances would mean only the parties to the contract are liable- in other words the driver. Recent changes to the law, mean that since 1 October 2012 the keeper, in certain circumstances, can also be held liable.
The keeper is defined by legislation as follows
“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;Mr Leggett is certainly not the keeper. The new owner might be.
ParkingEye therefore have no possible prospect of enforcing any charge against Mr Leggett. ParkingEye head of legal is Rachel Ledson, who seems blissfully unaware of the laws under which her industry operates. Ms Ledson has a history of filing cases against motorists who are neither the driver nor keeper as this blog post from 2013 confirms.
ParkingEye's other solicitor, and the one who now files court claims, is Rosanna Breaks. She has not previously been known to be involved with filing claims when the defendant was neither driver nor keeper. The Prankster will therefore be keeping an eye on this charge to see if Ms Breaks breaks her duck.
Happy Parking
The Parking Prankster