the erection of signage, or by sharing a portion of the income with the operator, for example. It is important to be clear about such terms and conditions when setting up a parking management contract with a landlord. The general rule is that the principal and not the agent can take steps to enforce a contract. If the parking operator is merely acting on behalf of the landlord then normally the operator is acting as an agent. In these circumstances the parking operator has no rights to recover the debt and it is for the principal (ie the landlord) to do so. If you have been granted full parking management rights you should ensure that: the property is clearly defined (preferably on a map) and the landlord with whom you are contracting has of the land. ‘possession’ For example, the landlord may have granted tenancies to one or more retail operators. If so, you need to make sure that the parking rights have not been transferred to the tenants as part of leases. If these rights had been transferred to the tenants, then they would be possession’ and would be the only parties able to grant you the ‘in parking rights. In law, the landlord would have those rights and would no ‘assigned’ longer be able to assign them again to you. 2.3 Your contract with the driver The most important contract for operators to focus on is the contract that they wish to establish with the driver. Whilst PoFA has introduced some changes regarding liabilities for payment, it is still the driver who is the contracting party in the first instance. However the operator may obtain outstanding parking charges from the keeper if they do not provide a serviceable name and address for the driver. When pursuing outstanding charges, notices that are sent to the registered keeper should make clear the date and time of the incident and should point out to the keeper that they are invited to disclose the details of the driver to you. If the name and/or address supplied is not serviceable in any way, then you are allowed to obtain outstanding charges from the keeper. It is important to remember though that if you are given a serviceable name and address for the driver, you must use this information. It is unlawful for you to pursue the keeper of the vehicle if you have a serviceable name and address for the driver
the erection of signage, or by sharing a portion of the income with the operator, for example. It is important to be clear about such terms and conditions when setting up a parking management contract with a landlord. The general rule is that the principal and not the agent can take steps to enforce a contract. If the parking operator is merely acting on behalf of the landlord then normally the operator is acting as an agent. In these circumstances the parking operator has no rights to recover the debt and it is for the principal (ie the landlord) to do so. If you have been granted full parking management rights you should ensure that: the property is clearly defined (preferably on a map) and the landlord with whom you are contracting has ‘possession’ of the land. For example, the landlord may have granted tenancies to one or more retail operators. If so, you need to make sure that the parking rights have not been transferred to the tenants as part of leases. If these rights had been transferred to the tenants, then they would be ‘in possession’ and would be the only parties able to grant you the parking rights. In law, the landlord would have ‘assigned’ those rights and would no longer be able to assign them again to you. 2.3 Your contract with the driver The most important contract for operators to focus on is the contract that they wish to establish with the driver. Whilst PoFA has introduced some changes regarding liabilities for payment, it is still the driver who is the contracting party in the first instance. However the operator may obtain outstanding parking charges from the keeper if they do not provide a serviceable name and address for the driver. When pursuing outstanding charges, notices that are sent to the registered keeper should make clear the date and time of the incident and should point out to the keeper that they are invited to disclose the details of the driver to you. If the name and/or address supplied is not serviceable in any way, then you are allowed to obtain outstanding charges from the keeper. It is important to remember though that if you are given a serviceable name and address for the driver, you must use this information. It is unlawful for you to pursue the keeper of the vehicle if you have a serviceable name and address for the driver
Amended_operator's_handbook_-_Gary_Brierley_-_Nov_2012.docx