However and it is a really big however, private enforcement companies do not have the powers of the Police and any claim a private company may raise against the Driver is, in the eyes if the law, simply a private matter.
Unlike in a Police matter (eg: speeding ticket or accident), in a private matter the Owner is under absolutely no obligation whatsoever to disclose to any private company the identity of the Driver of the Owner's vehicle even if the Owner's vehicle was used by the Driver to commit an alleged offence on land which the enforcement company is engaged.
Therefore if you as the Owner cannot categorically establish if it was you or anyone else with access to your vehicle that was the Driver at the time that the fine was attracted, the law is crystal clear, the Owner cannot be made responsible for any fine imposed on the Driver.
I am at a loss why the private parking enforcement companies do not display this legislative interpretation in their small print on the warning signs.
Article by Bill Whitehouse.
Bill posted this on the Speedmonkey Facebook page. I thought it worth transferring to the main site - Matt
