Protection of Freedoms Act 2012 (c. 9)

SCHEDULES

Yn ddilys o 01/10/2012

SCHEDULE 4 E+W Recovery of unpaid parking charges

2 (1) In this Schedule— E+W

• “the appropriate national authority” means—

  (a)

  in relation to relevant land in England, the Secretary of State; and

  (b)

  in relation to relevant land in Wales, the Welsh Ministers;

• “the creditor” means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle;

• “current address for service” means—

  (a)

  in the case of the keeper, an address which is either—

  (i)

  an address at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules; or

  (ii)

  the keeper's registered address (if there is one); or

  (b)

  in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

• “driver” includes, where more than one person is engaged in the driving of the vehicle, any person so engaged;

• “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;

• “notice to driver” means a notice given in accordance with paragraph 7;

• “notice to keeper” means a notice given in accordance with paragraph 8 or 9 (as the case may be);

• “parking charge”—

  (a)

  in the case of a relevant obligation arising under the terms of a relevant contract, means a sum in the nature of a fee or charge, and

  (b)

  in the case of a relevant obligation arising as a result of a trespass or other tort, means a sum in the nature of damages,

  however the sum in question is described;

• “registered address” means, in relation to the keeper of a registered vehicle, the address described in paragraph 11(3)(b) (as provided by the Secretary of State in response to the application for the keeper's details required by paragraph 11);

• “registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered;

• “registered vehicle” means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994;

• “relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—

  (a)

  the owner or occupier of the land; or

  (b)

  authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land;

• “relevant land” has the meaning given by paragraph 3;

• “relevant obligation” means—

  (a)

  an obligation arising under the terms of a relevant contract; or

  (b)

  an obligation arising, in any circumstances where there is no relevant contract, as a result of a trespass or other tort committed by parking the vehicle on the relevant land;

• “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.

(2) The reference in the definition of “parking charge” to a sum in the nature of damages is to a sum of which adequate notice was given to drivers of vehicles (when the vehicle was parked on the relevant land).

(3) For the purposes of sub-paragraph (2) “adequate notice” means notice given by—

(a) the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or

(b) where no such requirements apply, the display of one or more notices which—

(i) specify the sum as the charge for unauthorised parking; and

(ii) are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land.