I've been threatened with a Norwich Pharmacal Order by a parking company - what should I do?

I received a PCN for parking on private land from Civil Enforcement Limited. After reading all the various online comments about private parking and the legitimacy of the fees, I chose to write back telling them I wasn't the driver, which I wasn't, and that as this is contract law I haven't entered any contract and not to contact me again. I also suggested they chase the driver for the fees. Yesterday I received a letter from them saying if I don't tell them who the driver was and give them their address within seven days they will take me to court and gain an order called a Norwich Pharmacal Order against me to get the information, for which I'll incur costs for. What should I do?

Asked on 9 September 2010 by LD

Answered by Lucy
To succeeed with a Norwich Pharmacal order the applicant has to show that it is in the public interest. That was undoubtedly so in the original case. Lord Reid and Lord Cross stated that a party concerned about the propriety of making such disclosures was entitled to require the matter to be submitted to the court *at the expense of the person seeking the disclosure*. In other words, they could go to court but at their expense, win or lose. There are no precedents to my knowledge of a private parking company going to court and attempting to obtain a Norwich Pharmacal order as the costs would be prohibitive. It is simply not viable to bring an action on the basis of an alleged (and dubious) speculative invoice. The best advice is to tell them to "bring it on" and I will happily run any case for you free of charge should they do so.
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