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Dwight VanDriver
Original Poster
6,388 posts
113 months
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Finally as promised the commencement Order:
The Protection of Freedoms Act 2012 (Commencement No. 2) Order 2012
Provisions coming into force on 1st October 2012
3. The day appointed for the coming into force of the following provisions of the Act is 1st October 2012—
(a)section 54 (offence of immobilising etc. vehicles);
(b)section 55 (extension of powers to remove vehicles from land);
(c)section 56 (recovery of unpaid parking charges) in relation to England;
(f)Schedule 4 (recovery of unpaid parking charges) in relation to England;
dvd
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streaky
18,234 posts
118 months
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Saves me repeatedly posting that the CO hasn't been published.  In your debt, sir. Streaky
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essayer
1,589 posts
63 months
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Hooray, no more clamping. Boo, being able to chase the RK for unpaid parking "contractual charges" 
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FunkyNige
4,926 posts
144 months
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Dwight VanDriver said: Finally as promised the commencement Order:
The Protection of Freedoms Act 2012 (Commencement No. 2) Order 2012
Provisions coming into force on 1st October 2012
3. The day appointed for the coming into force of the following provisions of the Act is 1st October 2012—
(a)section 54 (offence of immobilising etc. vehicles);
(b)section 55 (extension of powers to remove vehicles from land);
(c)section 56 (recovery of unpaid parking charges) in relation to England;
(f)Schedule 4 (recovery of unpaid parking charges) in relation to England;
dvd I know ignorance of the law is no defence, but what can't I do in Ocotber than I can't do now? Google just throws up a load of legalese.
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10 Pence Short
27,599 posts
86 months
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From October the 1st, private parking companies will be able to able the pursue the Registered Keeper for fines issued on private land, where the driver has not been identified.
Clamping of cars by private companies on private land will also become illegal.
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BertieWooster
326 posts
33 months
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I wonder how companies like Parking Eye will manage when this legislation comes into force? They seem to issue a lot of their notices via the mail so, presumably, won't be able to pursue the R/K for the charges as they won't have met the requirement in Schedule 4, Para 7, Sub-para 4.
Bertie W
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10 Pence Short
27,599 posts
86 months
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BertieWooster said: I wonder how companies like Parking Eye will manage when this legislation comes into force? They seem to issue a lot of their notices via the mail so, presumably, won't be able to pursue the R/K for the charges as they won't have met the requirement in Schedule 4, Para 7, Sub-para 4.
Bertie W I don't think you've read the legislation fully. There is ample scope for sending letters directly to Registered Keepers (as would be the case in ANPR enforcement).
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FunkyNige
4,926 posts
144 months
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10 Pence Short said: From October the 1st, private parking companies will be able to able the pursue the Registered Keeper for fines issued on private land, where the driver has not been identified. If I park in Tesco car park too long and they send me a bill, at the moment I can just bin it. Does the new law mean I can't?
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10 Pence Short
27,599 posts
86 months
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CoolHands
1,832 posts
64 months
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that's a bit s  t, innit. Cue lots of dodgy companies pursuing you when you've made a minor mistake.
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superlightr
6,879 posts
132 months
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so what happens after the 1/10/12 if you get clamped and said Gorilla wont release your car without a fine?
Whats the offence gorilla has committed? Will the police help?
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10 Pence Short
27,599 posts
86 months
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superlightr said: so what happens after the 1/10/12 if you get clamped and said Gorilla wont release your car without a fine?
Whats the offence gorilla has committed? Will the police help? Someone who clamps your car without lawful authority will be liable to a fine. Government bodies and some private entities (such as airports) will still maintain lawful authority to immobilise or remove your vehicle, and they may employ private contractors to do that job. Interestingly, on my reading of the legislation, parking spaces on private land could be fitted with embedded, raisable and lockable bollards, that could be used to block you into a parking space until the payment of a contractual fee, and that would not fall foul of the legislation.
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General Madness
215 posts
21 months
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FunkyNige said: 10 Pence Short said: From October the 1st, private parking companies will be able to able the pursue the Registered Keeper for fines issued on private land, where the driver has not been identified. If I park in Tesco car park too long and they send me a bill, at the moment I can just bin it. Does the new law mean I can't? I assume this will not allow an English parking company to chase me for parking on private land in Scotland?
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richie slow
5,747 posts
33 months
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10 Pence Short said: Someone who clamps your car without lawful authority will be liable to a fine. How does that get your car un-clamped on a wet December night? Plod will undoubtedly be too busy with more pressing needs to attend a civil parking dispute. I can see this bit of legislation offering little real-time protection from clamping sharks.
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voicey
1,132 posts
56 months
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Does anyone know if the new law provides for private companies to actually "fine" the RK as opposed to just claim losses?
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roachcoach
2,960 posts
24 months
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I'm sure we've been over this before, but what's the law around minors and contracts in England?
18+ is rather obviously fair game, what about 17?
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