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| RAC: Millions in private parking fines 'charged illegally' | RAC: Millions in private parking fines 'charged illegally' |
| (about 1 hour later) | |
| Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation. | Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation. |
| Fines for overstays in car parks on private land could in some cases be unenforceable in court, barrister John de Waal QC said in a legal opinion for the charity. | |
| He said fines - sometimes up to £100 or more - were much more expensive than compensation for a genuine loss. | |
| The foundation said it wanted to see its argument tested in court. | |
| Possible refunds | |
| Mr de Waal said: "Payments at the level that operators presently demand as sanctions are unlikely to count as genuine pre-estimate of loss." | Mr de Waal said: "Payments at the level that operators presently demand as sanctions are unlikely to count as genuine pre-estimate of loss." |
| He said they should be seen by the courts as penalties, which would mean they were unenforceable. | He said they should be seen by the courts as penalties, which would mean they were unenforceable. |
| European consumer legislation which requires contracts to be fair means so-called "early payment discounts" could also be unlawful because they constitute a "price escalation clause", he said. | |
| He also said that when signs are not clear or prominently displayed, the charge could also be challenged on the grounds of unfairness. | He also said that when signs are not clear or prominently displayed, the charge could also be challenged on the grounds of unfairness. |
| The charity's director Professor Stephen Glaister estimated the overcharging may have reached £100 million in 2013 and said millions of drivers could be due a refund. | |
| "We would like to see this legal argument tested in a higher court so that a binding precedent is set," he added. | "We would like to see this legal argument tested in a higher court so that a binding precedent is set," he added. |
| 'Barely regulated' | |
| He also said a case coming to the Court of Appeal next week, regarding a motorist who is contesting an £85 charge, could establish a precedent in law if the motorist wins. | |
| "In that circumstance, our understanding is that people who've been charged unreasonable amounts in the past will find that that charge is unenforceable in the courts. | |
| "In other words, they will have a case to get that money repaid." | |
| The Protection of Freedoms Act 2012 banned clamping, towing, blocking-in or immobilising a vehicle without lawful authority on private land, in a bid to end abuses by rogue clamping firms. | The Protection of Freedoms Act 2012 banned clamping, towing, blocking-in or immobilising a vehicle without lawful authority on private land, in a bid to end abuses by rogue clamping firms. |
| However, the foundation said that private car parks were now using overstay fines as an alternative, with a system of ticketing which was "barely regulated". | However, the foundation said that private car parks were now using overstay fines as an alternative, with a system of ticketing which was "barely regulated". |
| Have you been affected by the issues raised in this story? You can email haveyoursay@bbc.co.uk with your experience. Please include a telephone number if you are willing to be contacted by a BBC journalist. | Have you been affected by the issues raised in this story? You can email haveyoursay@bbc.co.uk with your experience. Please include a telephone number if you are willing to be contacted by a BBC journalist. |
| Have your say | Have your say |