Parking Ticket Question

Started by StGallsGAA, March 01, 2012, 11:16:14 PM

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David McKeown

Quote from: John Egans left boot on March 10, 2021, 10:13:31 AM
David I bow to your superior legal knowledge after all I have admired your work in the black gown and wig from afar. However is a Supreme Court finding not applicable to all areas of the uk ?

In terms of naming drivers Scotland either has implemented or is about to implement legislation on having to name the driver of car in relation to parking tickets. It maybe something that other devolved parliaments consider.

Both Edinburgh and Glasgow city council have  announced in recent days they have written of thousands of pounds in tickets.It is an interesting area

Here is an extract from Edinburgh story:

Edinburgh City Council has written off £1.3m of parking fines, after failing to collect more than 17,000 fixed penalty notices in the last 12 months.

The council also wrote off more than 3,200 fines accrued by motorists using bus lanes in the capital, worth £284,960.

The most common reasons for avoiding fines was due to the car being foreign.

In other cases the DVLA had no record of the vehicle or the owner was found to have no money or assets.

According to a report, due to be presented to councillors at a meeting of the finance committee on Thursday, more than 6,500 of the fines were also written off due to the owners having "gone away".

I doubt anyone admires my work but thank you. In answer to your questions technically a Supreme Court judgement in the UK is only binding on the Jurisdiction it originates from although it will be highly persuasive in other jurisdictions providing the legislation (or broadly equivalent legislation) or legal principle applies in the jurisdiction. The legislation being interpreted in Beavis does not exist in Northern Ireland. There is no equivalent to most of the legislation governing penalty clauses that was discussed in Beavis and there's no statutory basis that allows a driver of a car the ability to enter into a contract on behalf of the owner. Nor is there any provision to require an owner to provide the name of a driver for civil proceedings. All of these legislative provisions were crucial in the determination of Beavis. Their absence in Northern Ireland law renders Beavis of no real applicability here.
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grounded

Quote from: David McKeown on March 12, 2021, 12:07:39 AM
Quote from: John Egans left boot on March 10, 2021, 10:13:31 AM
David I bow to your superior legal knowledge after all I have admired your work in the black gown and wig from afar. However is a Supreme Court finding not applicable to all areas of the uk ?

In terms of naming drivers Scotland either has implemented or is about to implement legislation on having to name the driver of car in relation to parking tickets. It maybe something that other devolved parliaments consider.

Both Edinburgh and Glasgow city council have  announced in recent days they have written of thousands of pounds in tickets.It is an interesting area

Here is an extract from Edinburgh story:

Edinburgh City Council has written off £1.3m of parking fines, after failing to collect more than 17,000 fixed penalty notices in the last 12 months.

The council also wrote off more than 3,200 fines accrued by motorists using bus lanes in the capital, worth £284,960.

The most common reasons for avoiding fines was due to the car being foreign.

In other cases the DVLA had no record of the vehicle or the owner was found to have no money or assets.

According to a report, due to be presented to councillors at a meeting of the finance committee on Thursday, more than 6,500 of the fines were also written off due to the owners having "gone away".

I doubt anyone admires my work but thank you. In answer to your questions technically a Supreme Court judgement in the UK is only binding on the Jurisdiction it originates from although it will be highly persuasive in other jurisdictions providing the legislation (or broadly equivalent legislation) or legal principle applies in the jurisdiction. The legislation being interpreted in Beavis does not exist in Northern Ireland. There is no equivalent to most of the legislation governing penalty clauses that was discussed in Beavis and there's no statutory basis that allows a driver of a car the ability to enter into a contract on behalf of the owner. Nor is there any provision to require an owner to provide the name of a driver for civil proceedings. All of these legislative provisions were crucial in the determination of Beavis. Their absence in Northern Ireland law renders Beavis of no real applicability here.

Thanks David.

David McKeown

I should add one of the things that annoys me most about these car parking companies is how they sometimes refer to or quote parts out of Beavis knowing it has little or no applicability in Northern Ireland. It's solely done to scare people. A real bullying tactic.
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RedHand88

Quote from: Armamike on July 04, 2019, 11:02:28 PM
Quote from: RedHand88 on July 04, 2019, 08:34:05 PMIs it still the case where these PCN letters aren't worth the paper they're printed on? Got one in March for Starplan carpark Boucher road belfast. It's a free carpark, but is "customer parking only"

Onto my 3rd letter now. They want £170(!) or it'll go to "QDR Solicitors Ltd".

Just want to be sure ignoring them is the way to deal with them. To hell with paying that sort of money for 30minutes parking. Of course I wasn't the driver at the time and refuse to divulge who was  8)

The letters will keep landing for around a year or so.  They'll eventually offer a reduced fee and if you ignore this they'll hike it up again. They'll threaten court action.  Few people pay.  Ignore and they'll stop eventually.

Believe it or not they're back. 5 years later at my new address which I assume they got from a recent sweep of the DVA database. Only its a different company now called Direct Collection Baliffs limited. Still threatening court action and all that. Has any of these cases ever actually made it to court in NI?

Would ye whist

DCBL are not to be messed with to be honest, they are a sharp set of operators, I did use them a lot to do recoveries for my own business

Quote from: RedHand88 on January 11, 2024, 08:07:00 PM
Quote from: Armamike on July 04, 2019, 11:02:28 PM
Quote from: RedHand88 on July 04, 2019, 08:34:05 PMIs it still the case where these PCN letters aren't worth the paper they're printed on? Got one in March for Starplan carpark Boucher road belfast. It's a free carpark, but is "customer parking only"

Onto my 3rd letter now. They want £170(!) or it'll go to "QDR Solicitors Ltd".

Just want to be sure ignoring them is the way to deal with them. To hell with paying that sort of money for 30minutes parking. Of course I wasn't the driver at the time and refuse to divulge who was  8)

The letters will keep landing for around a year or so.  They'll eventually offer a reduced fee and if you ignore this they'll hike it up again. They'll threaten court action.  Few people pay.  Ignore and they'll stop eventually.

Believe it or not they're back. 5 years later at my new address which I assume they got from a recent sweep of the DVA database. Only its a different company now called Direct Collection Baliffs limited. Still threatening court action and all that. Has any of these cases ever actually made it to court in NI?

RedHand88

Quote from: Would ye whist on January 12, 2024, 11:08:29 AMDCBL are not to be messed with to be honest, they are a sharp set of operators, I did use them a lot to do recoveries for my own business

Not in NI though? I was told there are no bailiffs here?

Milltown Row2

Quote from: RedHand88 on January 12, 2024, 12:58:16 PM
Quote from: Would ye whist on January 12, 2024, 11:08:29 AMDCBL are not to be messed with to be honest, they are a sharp set of operators, I did use them a lot to do recoveries for my own business

Not in NI though? I was told there are no bailiffs here?

No bailiffs but certainly happy to bombard you with multiple letters and rising the fine each time!
None of us are getting out of here alive, so please stop treating yourself like an after thought. Ea