My sister is promoting her automotive — however she has excellent parking tickets.
She says the tickets shall be traced to her, not the automobile and it will not have an effect on the sale.
Is that this appropriate? N.C., Southampton.
A parking ticket, often known as a Penalty Cost Discover or PCN for parking violations on public roads, is linked to the automobile not the driving force. The place with parking tickets given out on personal land differs relying the place the ticket is issued.
Client rights lawyer Dean Dunham replies: The authorized place differs relying on whether or not the ticket was issued on a public highway/property or on personal land; and whether or not it was inside England/Wales; or Northern Eire/Scotland.
If you get a parking ticket, often known as a Penalty Cost Discover or PCN for parking violations on public roads, it’s linked to the automobile not the driving force.
This implies the automobile’s registered keeper — often the proprietor — is initially chargeable for the ticket. Many individuals assume this implies the proprietor on the time the ticket is enforced.
This isn’t the case.
The Civil Enforcement of Street Site visitors Contraventions (Authorized Gadgets, Charging Pointers and Normal Provisions) (England) Rules 2022 (part 20) states any tickets have to be enforced in opposition to the proprietor of the automobile ‘on the time of the contravention’, so this implies your sister.
The place with parking tickets given out on personal land differs relying the place the ticket is issued. In England and Wales, underneath the Safety of Freedoms Act, the registered keeper is chargeable for personal parking costs the automobile might incur, until they offer particulars of the individual driving the automobile on the time the parking ticket was obtained.
Nonetheless, the legislation is completely different in Northern Eire and Scotland. It’s the driver — not the registered keeper — who’s liable.
In the event you obtain a parking ticket that ought to have been despatched to the earlier proprietor of your automobile, write a brief assertion explaining that you just weren’t the proprietor on the time of the offence.
Ship it to whoever contacted you in regards to the ticket and supply as a lot info and proof as potential, together with; the date to procure the automotive, the total title and deal with of the earlier proprietor — or agency that offered you the automotive, a replica of the DVLA registration certificates (V5C) and a replica of the receipt or bill from once you purchased the automotive.
So long as you have despatched this proof, the discover in opposition to you have to be cancelled. It’s going to then be issued to the one that was driving — generally known as ‘switch of legal responsibility’
Airline will not pay compensation as a result of Frankfurt strikes – however we did not even fly there
I flew to Argentina for a two-week vacation however on the day of our return, the flight was cancelled.
The airline gave us another flight dwelling and paid our bills however has refused to pay compensation.
It says our flight was cancelled as a result of strikes at Frankfurt airport — however we didn’t fly to Frankfurt! M.M., Durham.
Dean Dunham replies: Right here the related legislation, generally known as UK261, says that if a flight is cancelled with lower than 14 days’ discover previous to the date of departure, the airline should pay passengers compensation, until the reason for the cancellation falls throughout the definition of ‘extraordinary circumstances’.
To fall inside this definition, the occasion inflicting the cancellation will need to have been past the airline’s management and it should present that it took all cheap measures to keep away from the cancellation, or that there have been no steps that would have been taken.
I’ve had many court docket circumstances on this so have a reasonably definitive record of occasions that fall inside this definition.
One is airport strikes, the place the workers putting will not be employed or managed by the airline, so on the face of it your airline could possibly be appropriate.
However airways don’t at all times cite the actual purpose for a delay or cancellation so it’s best to at all times examine additional.
Right here, it’s arduous to see why a strike at an airport not a part of your journey could possibly be the reliable purpose for the cancellation.
In case you are not glad with the reply, ask for a impasse letter — a letter setting out the airline’s last place in relation to your criticism.
Armed with this make a criticism to the Various Dispute Decision Scheme (ADR) it’s subscribed to (CEDR or Aviation ADR).
If the airline shouldn’t be subscribed to both of those schemes, take your criticism to the Civil Aviation Authority’s PACT scheme — however provided that the airline shouldn’t be subscribed to one of many two ADR schemes, above.
