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Protection of Freedoms Act 2012
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- UK Public General Acts
- 2012 c. 9
- SCHEDULE 4
- Right to claim unpaid...
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Changes over time for: Cross Heading: Right to claim unpaid parking charges from keeper of vehicle
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- 01/10/2012- Amendment
- 31/01/2014
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Protection of Freedoms Act 2012, Cross Heading: Right to claim unpaid parking charges from keeper of vehicle is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Right to claim unpaid parking charges from keeper of vehicleE+W
4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.E+W
(2)The right under this paragraph applies only if—
(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and
(b)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
(3)For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.
(4)The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.
(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).
(6)Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery).
(7)The right under this paragraph is subject to paragraph 13 (which provides for the right not to apply in certain circumstances in the case of a hire vehicle).
Commencement Information
I1Sch. 4 para. 4 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)
I2Sch. 4 para. 4 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)
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