|
|
| |
| |
|
| | (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) | state that a notice to driver relating to the specified period of parking |
|
| | has been given and repeat the information in that notice as required by |
|
| | paragraph 6A(2)(b), (c) and (f); |
|
| | (d) | if the unpaid parking charges specified in that notice to driver as |
|
| | required by paragraph 6A(2)(c) have been paid in part, specify the |
|
| | amount that remains unpaid, as at a time which is— |
|
| | (i) | specified in the notice to keeper, and |
|
| | (ii) | no later than the end of the day before the day on which the |
|
| | notice is either sent by post or, as the case may be, handed to |
|
| | or left at a current address for service for the keeper (see sub- |
|
| | |
| | (e) | state that the creditor does not know both the name of the driver and a |
|
| | current address for service for the driver and invite the keeper— |
|
| | (i) | to pay the unpaid parking charges; or |
|
| | (ii) | if the keeper was not the driver of the vehicle, to notify the |
|
| | creditor of the name of the driver and a current address for |
|
| | service for the driver and to pass the notice on to the driver; |
|
| | (f) | warn the keeper that if, at the end of the period of 28 days beginning |
|
| | with the day after that on which the notice to keeper is given— |
|
| | (i) | the amount of the unpaid parking charges (as specified under |
|
| | paragraph (c) or (d)) has not been paid in full, and |
|
| | (ii) | the creditor does not know both the name of the driver and a |
|
| | current address for service for the driver, |
|
| | | the creditor will (if all the applicable conditions under this Schedule |
|
| | are met) have the right to recover from the keeper so much of that |
|
| | amount as remains unpaid; |
|
| | (g) | inform the keeper of any discount offered for prompt payment and the |
|
| | arrangements for the resolution of disputes or complaints that are |
|
| | |
| | (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 |
|
| | |
| | 6C (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 |
|
| | |
| | |
| | (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 |
|
| | |
| | (i) | specified in the notice; and |
|
| | (ii) | no later than the end of the day before the day on which the |
|
| | notice is either sent by post or, as the case may be, handed to |
|
| | or left at a current address for service for the keeper (see sub- |
|
| | |
| | (e) | state that the creditor does not know both the name of the driver and a |
|
| | current address for service for the driver and invite the keeper— |
|
| | (i) | to pay the unpaid parking charges; or |
|
| | (ii) | if the keeper was not the driver of the vehicle, to notify the |
|
| | creditor of the name of the driver and a current address for |
|
| | service for the driver and to pass the notice on to the driver; |
|
| | (f) | warn the keeper that if, after the period of 28 days beginning with the |
|
| | day after that on which the notice is given— |
|
| | (i) | the amount of the unpaid parking charges specified under |
|
| | paragraph (d) has not been paid in full, and |
|
| | (ii) | the creditor does not know both the name of the driver and a |
|
| | current address for service for the driver, |
|
| | | the creditor will (if all the applicable conditions under this Schedule |
|
| | are met) have the right to recover from the keeper so much of that |
|
| | amount as remains unpaid; |
|
| | (g) | inform the keeper of any discount offered for prompt payment and the |
|
| | arrangements for the resolution of disputes or complaints that are |
|
| | |
| | (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 (where 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 14 |
|
| | days beginning with the day after that on which the specified period of parking |
|
| | |
| | (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 |
|
| | |
| | 6D (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 |
|
| | |
| | (b) | the circumstances in which any evidence is, or is not, required to |
|
| | accompany a notice to keeper. |
|
| | |
| | (a) | include incidental, supplementary, transitional, transitory or saving |
|
| | |
| | (b) | make different provision for different purposes.’. |
|
| |
| |
| | |
| Page 116, line 23 [Schedule 4], leave out paragraph 7 and insert— |
|
| | ‘7 (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 6B(4) (where a notice to driver has been given) or 6C(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 |
|
| | |
| | (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 |
|
| | |
| |
| |
| | |
| Page 117, line 2 [Schedule 4], at end insert— |
|
| | ‘7A(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 |
|
| | |
| | (3) | The provision made under sub-paragraph (2) may, in particular, include |
|
| | |
| | (a) | requiring notices of more than one kind to be displayed on any relevant |
|
| | |
| | (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 |
|
| | |
| | (b) | make different provision for different areas or purposes.’. |
|
| |
| | |
| Page 117, line 2 [Schedule 4], at end insert— |
|
| | |
| | 7B (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 6B(4) or 6C(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 |
|
| | |
| | (b) | a copy of the hire agreement; and |
|
| | (c) | a copy of a statement of liability signed by the hirer under that hire |
|
| | |
| | (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 sub-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. |
|
| | (6) | In this paragraph and paragraph 7C— |
|
| | (a) | “hire agreement” means an agreement which— |
|
| | (i) | provides for a vehicle to be let to a person (“the hirer”) for a |
|
| | period not exceeding 6 months (whether or not the period is |
|
| | capable of extension by agreement between the parties so as |
|
| | |
| | (ii) | is not a hire-purchase agreement within the meaning of the |
|
| | Consumer Credit Act 1974; |
|
| | (b) | any reference to the currency of a hire agreement includes a reference |
|
| | to any period during which, with the consent of the vehicle-hire firm, |
|
| | the hirer continues in possession of the vehicle as hirer, after the expiry |
|
| | of any period specified in the agreement but otherwise on terms and |
|
| | conditions specified in it; and |
|
| | (c) | “vehicle-hire firm” means any person engaged in the hiring of vehicles |
|
| | in the course of a business. |
|
| | |
| | (a) | the creditor is by virtue of paragraph 7B(2) unable to exercise the right |
|
| | to recover from the keeper any unpaid parking charges mentioned in |
|
| | the notice to keeper, and |
|
| | (b) | the conditions mentioned in sub-paragraph (2) below are met, |
|
| | | the creditor may recover those charges (so far as they remain unpaid) from the |
|
| | |
| | (2) | The conditions are that— |
|
| | (a) | the creditor has within the relevant period given the hirer a notice in |
|
| | accordance with sub-paragraph (5) (a “notice to hirer”), together with |
|
| | a copy of the documents mentioned in paragraph 7B(2) and the notice |
|
| | |
| | (b) | a period of 21 days beginning with the day on which the notice to hirer |
|
| | was given has elapsed; and |
|
| | (c) | the vehicle was not a stolen vehicle at the beginning of the period of |
|
| | parking to which the unpaid parking charges relate. |
|
| | (3) | In sub-paragraph (2)(a) “the relevant period” is the period of 21 days beginning |
|
| | with the day after that on which the documents required by paragraph 7B(2) |
|
| | are given to the creditor. |
|
| | (4) | For the purposes of sub-paragraph (2)(c) a vehicle is to be presumed not to be |
|
| | a stolen vehicle at the material time, unless the contrary is proved. |
|
|
|
| |
| |
|
| | (5) | The notice to hirer must— |
|
| | (a) | inform the hirer that by virtue of this paragraph any unpaid parking |
|
| | charges (being parking charges specified in the notice to keeper) may |
|
| | be recovered from the hirer; |
|
| | (b) | refer the hirer to the information contained in the notice to keeper; |
|
| | (c) | warn the hirer that if, after the period of 21 days beginning with the |
|
| | day after that on which the notice to hirer is given, the amount of |
|
| | unpaid parking charges referred to in the notice to keeper under |
|
| | paragraph 6B(2)(f) or 6C(2)(f) (as the case may be) has not been paid |
|
| | in full, the creditor will (if any applicable requirements are met) have |
|
| | the right to recover from the hirer so much of that amount as remains |
|
| | |
| | (d) | inform the hirer of any discount offered for prompt payment and the |
|
| | arrangements for the resolution of disputes or complaints that are |
|
| | |
| | (e) | identify the creditor and specify how and to whom payment may be |
|
| | |
| | (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-paragraph (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 7B(2)(c) as an address at which documents may be |
|
| | |
| | (ii) | an address at which documents relating to civil proceedings |
|
| | could properly be served on the hirer under Civil Procedure |
|
| | |
| | (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- |
|
| | |
| |
| | |
| Page 117 [Schedule 4], leave out lines 17 to 34 and insert— |
|
| | ‘9 (1) | The appropriate national authority may by order made by statutory instrument |
|
| | amend this Schedule for the purpose of— |
|
| | (a) | amending the definition of “relevant land” in paragraph 3; |
|
| | (b) | adding to, removing or amending any of the conditions to which the |
|
| | right conferred by paragraph 4 is for the time being subject. |
|
| | (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 |
|
| | |
| | (3) | An order under this paragraph may— |
|
| | (a) | include incidental, supplementary, transitional, transitory or saving |
|
| | |
| | (b) | make different provision for different purposes. |
|
| | 10 (1) | A statutory instrument containing regulations under any provision of this |
|
| | Schedule is subject to annulment by— |
|