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How to challenge a parking ticket | How to challenge a parking ticket |
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The Driver and Vehicle Licensing Agency (DVLA), which holds details of all registered vehicle keepers in the UK, collected £10m in 2012 from selling personal data to parking companies. A total of 2.4m names and addresses were sold at £2.50 a time, mainly to firms that levy parking charges on drivers using privately owned car parks at hospitals, supermarkets and shopping centres. | The Driver and Vehicle Licensing Agency (DVLA), which holds details of all registered vehicle keepers in the UK, collected £10m in 2012 from selling personal data to parking companies. A total of 2.4m names and addresses were sold at £2.50 a time, mainly to firms that levy parking charges on drivers using privately owned car parks at hospitals, supermarkets and shopping centres. |
It is not just the government that has made money out of parking enforcement – it has swelled into a lucrative industry, with many companies relying on public confusion about the difference between council-issued penalty charge notices, which are regulated by statute, and private parking notices, which often masquerade as official fines. | It is not just the government that has made money out of parking enforcement – it has swelled into a lucrative industry, with many companies relying on public confusion about the difference between council-issued penalty charge notices, which are regulated by statute, and private parking notices, which often masquerade as official fines. |
The issue is riddled with so many grey areas that even seasoned campaigners differ on how ticketed drivers should proceed, and if the experts can't agree what hope is there for the supermarket shopper who finds a demand for £70 slapped on their windscreen? | The issue is riddled with so many grey areas that even seasoned campaigners differ on how ticketed drivers should proceed, and if the experts can't agree what hope is there for the supermarket shopper who finds a demand for £70 slapped on their windscreen? |
Privately owned car parks have signs setting out the terms of use that are supposed to be visible at the entrance and at other key points, warning drivers of the possible consequences if they flout them. A motorist who drives into such a car park is deemed to have accepted these terms and conditions and entered into a contract to park there. | Privately owned car parks have signs setting out the terms of use that are supposed to be visible at the entrance and at other key points, warning drivers of the possible consequences if they flout them. A motorist who drives into such a car park is deemed to have accepted these terms and conditions and entered into a contract to park there. |
The trouble is it has not always been clear whom the contract is with. Some argue it is with the landowner and that the parking company therefore has no legal right to enforce parking rules or pursue errant drivers. The Protection of Freedoms Act 2012, however, states that a third-party can be authorised by the landowner to enforce the terms and conditions of parking. Provided the parking company can prove it is acting as the landowner's legal agent or leaseholder it can take court action against a driver. | The trouble is it has not always been clear whom the contract is with. Some argue it is with the landowner and that the parking company therefore has no legal right to enforce parking rules or pursue errant drivers. The Protection of Freedoms Act 2012, however, states that a third-party can be authorised by the landowner to enforce the terms and conditions of parking. Provided the parking company can prove it is acting as the landowner's legal agent or leaseholder it can take court action against a driver. |
Equally unclear is how much a company can lawfully charge drivers for breaching the terms of a contract. The British Parking Association (BPA) suggests its members' charges should not exceed £100, and the parliamentary briefing note issued when the 2012 act was introduced cites this amount as an example of a parking charge. Yet since private companies are not allowed to fine or penalise drivers who misuse private car parks, only claim for any losses or damages, a motorist charged £100 could argue this is an excessive sum that amounts to a penalty. | Equally unclear is how much a company can lawfully charge drivers for breaching the terms of a contract. The British Parking Association (BPA) suggests its members' charges should not exceed £100, and the parliamentary briefing note issued when the 2012 act was introduced cites this amount as an example of a parking charge. Yet since private companies are not allowed to fine or penalise drivers who misuse private car parks, only claim for any losses or damages, a motorist charged £100 could argue this is an excessive sum that amounts to a penalty. |
A parking company claiming damages would have to show that the sum was fair and reasonable under the Unfair Terms in Consumer Contracts Regulations 1999, and given that the actual losses in unpaid parking fees and administrative costs are unlikely to add up to much, some experts believe the charges could be fraudulent. Courts, however, vary on what they will consider reasonable damages. "Because county courts don't have an inquisitorial system it is down to judges to make a decision on the facts of the case given to them, so if the motorist is not clued up they may lose," says Marc Gander, spokesman for the National Motorist Action Group (NMAG). | A parking company claiming damages would have to show that the sum was fair and reasonable under the Unfair Terms in Consumer Contracts Regulations 1999, and given that the actual losses in unpaid parking fees and administrative costs are unlikely to add up to much, some experts believe the charges could be fraudulent. Courts, however, vary on what they will consider reasonable damages. "Because county courts don't have an inquisitorial system it is down to judges to make a decision on the facts of the case given to them, so if the motorist is not clued up they may lose," says Marc Gander, spokesman for the National Motorist Action Group (NMAG). |
Before the government gave parking firms easy access to DVLA records it forced it to tighten its code of practice and launch an independent appeals service, Popla. Although it is funded by the BPA it is managed by London Local Authorities, and drivers can refer their case to its adjudicators if an appeal to the parking company is rejected. | Before the government gave parking firms easy access to DVLA records it forced it to tighten its code of practice and launch an independent appeals service, Popla. Although it is funded by the BPA it is managed by London Local Authorities, and drivers can refer their case to its adjudicators if an appeal to the parking company is rejected. |
Some warn that Popla could be biased. "If you get involved with Popla it means you accept its jurisdiction when it has no legal status, and because it is funded by the BPA it's not independent," Gander says. Others urge motorists to give it a try since parking companies must pay £27 for every appeal made and its decisions are not binding on the motorist, so if you lose you can still go to court. | Some warn that Popla could be biased. "If you get involved with Popla it means you accept its jurisdiction when it has no legal status, and because it is funded by the BPA it's not independent," Gander says. Others urge motorists to give it a try since parking companies must pay £27 for every appeal made and its decisions are not binding on the motorist, so if you lose you can still go to court. |
Parking companies may threaten court action, but most threats are not followed through. The BPA has said only 2%-5% of the estimated 1.8m tickets a year end in court action, while only 49 cases made it before a judge in 2011. Now that BPA members can potentially sue the registered keeper if they can't identify the driver, this number may rise. | Parking companies may threaten court action, but most threats are not followed through. The BPA has said only 2%-5% of the estimated 1.8m tickets a year end in court action, while only 49 cases made it before a judge in 2011. Now that BPA members can potentially sue the registered keeper if they can't identify the driver, this number may rise. |
The NMAG wants ticketing on private land to be regulated with statutory standards for signs, a national statutory penalty charge, and access to DVLA records restricted to companies licensed by local authorities. There are also calls for an independent ombudsman with a thorough knowledge of contract and trespass laws to replace the current appeals service, which bases its findings on the BPA's code of practice. | The NMAG wants ticketing on private land to be regulated with statutory standards for signs, a national statutory penalty charge, and access to DVLA records restricted to companies licensed by local authorities. There are also calls for an independent ombudsman with a thorough knowledge of contract and trespass laws to replace the current appeals service, which bases its findings on the BPA's code of practice. |
In the meantime, motorists will have to protect themselves by scrutinising the terms and conditions of private car parks and abiding by them. | In the meantime, motorists will have to protect themselves by scrutinising the terms and conditions of private car parks and abiding by them. |
How to dispute a parking charge notice | How to dispute a parking charge notice |
The following information is a very broad guide, so you may wish to take legal advice should you receive a parking ticket. If the enforcement agent is a member of the BPA you have 28 days to pay or appeal a ticket by writing to the company. | The following information is a very broad guide, so you may wish to take legal advice should you receive a parking ticket. If the enforcement agent is a member of the BPA you have 28 days to pay or appeal a ticket by writing to the company. |
• Check whether the company is a member of the BPA. If it is not it cannot obtain registered details from the DVLA and you cannot use the Popla appeals service. Gather evidence, for example photos of the signage in the car park, and wait for it to contact you. It probably won't as it won't be able to obtain your name and address. | • Check whether the company is a member of the BPA. If it is not it cannot obtain registered details from the DVLA and you cannot use the Popla appeals service. Gather evidence, for example photos of the signage in the car park, and wait for it to contact you. It probably won't as it won't be able to obtain your name and address. |
• Signs setting out the terms and conditions of parking must be prominent, easily legible and specific about rules and charges. If they are not then take photographs as evidence. | • Signs setting out the terms and conditions of parking must be prominent, easily legible and specific about rules and charges. If they are not then take photographs as evidence. |
• Ask to see the written agreement that gives the firm lawful authority to enter into a contract with the driver to seek recovery of the charges. This could help your case should it end in court. | • Ask to see the written agreement that gives the firm lawful authority to enter into a contract with the driver to seek recovery of the charges. This could help your case should it end in court. |
• Check that any Notice to the Registered Keeper was sent out more than 28 days after the parking ticket was issued. If it was sent earlier then the parking company cannot sue the registered keeper for any alleged parking charges. If the parking company requested that the DVLA provide the name and address of the registered keeper earlier than 28 days after issuing a ticket, it cannot sue the registered keeper. It also may be a breach of the Data Protection Act, for which the DVLA may be liable. | • Check that any Notice to the Registered Keeper was sent out more than 28 days after the parking ticket was issued. If it was sent earlier then the parking company cannot sue the registered keeper for any alleged parking charges. If the parking company requested that the DVLA provide the name and address of the registered keeper earlier than 28 days after issuing a ticket, it cannot sue the registered keeper. It also may be a breach of the Data Protection Act, for which the DVLA may be liable. |
• If the company rejects your appeal it must set out its reasons and provide you with a code to assist in lodging your appeal with Popla. You can only appeal within 28 days of the rejection. | • If the company rejects your appeal it must set out its reasons and provide you with a code to assist in lodging your appeal with Popla. You can only appeal within 28 days of the rejection. |
• If you appeal and Popla does not uphold your complaint, its decision is not binding on you. You can either pay up or, if you are sure of your case, wait to see if you are taken to court. If Popla finds in your favour the parking company is required by the BPA code of practice to rescind the charge. | • If you appeal and Popla does not uphold your complaint, its decision is not binding on you. You can either pay up or, if you are sure of your case, wait to see if you are taken to court. If Popla finds in your favour the parking company is required by the BPA code of practice to rescind the charge. |
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