They can only sue the driver in the County Court. They can only sue for what they are out of pocket eg. £1.00 if you haven't bought a ticket. No penalty eg. the other £59.00 of a £60 charged, can't be claimed...it's a penalty/fine and not legal , Administration of Justice Act 1970. Sec 40.
None of these cases has ever come to court. If by some fluke one did, then presumably the ' offender ' could just offer to settle out of court for £2.00, say. The Registrar cannot award them any 'penalty or fine' claimed.
I have seen one of these through to the end, where my SIL got a ticketed, whilst he was getting change for the Pay & Display, using my car. It took them over 8 months to send me a pseudo-official looking letter. It was followed by more, with the ' fine 'increasing.
Eventually I EMailed them suggesting they write to the person who parked the car.
They tried with me once more and then wrote that they were filing the matter and marking it ' Refused to Pay '
Our mobile tyre man has just had two of these whilst plying his trade in our local car-park helping folk with flat tyres.. He knew I had had a ticket from the same firm who seem to Excel in sending out letters. I re-assured him and printed off the Pepipoo information for him.
Our local car park relies on camera recognition of the car matching a ticket bought at the machine.
Drive in and drop someone off...demand arrives months later. Drive through as a short cut without stopping...same ! I cut through now quite a few times, it used to be a road and has been used as such for 40 yrs to my knowledge. They don't bother to send me letters now...I think they build up a database of people who know not to pay.
Incidentally, this car park serves a DWP office and a small shopping centre which is now dying since the introduction of charges. Local paper reports another 2 long established shops closing soon. Owners blame the charges and the ' fines '.
Bottom line....they can stuff it !
Ted.
|