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| RAC: Millions in private parking penalties 'charged illegally' | |
| (35 minutes later) | |
| Millions of pounds of parking penalties could have been charged illegally, according to the RAC Foundation. | |
| Penalties 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 the penalties - 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. | The foundation said it wanted to see its argument tested in court. |
| And it is also calling for the government to ensure that extra parking charges are "reasonable and enforceable". | And it is also calling for the government to ensure that extra parking charges are "reasonable and enforceable". |
| Possible refunds | Possible refunds |
| Mr de Waal said parking companies were levying charges on drivers which were disproportionate to the losses suffered by landowners as a result of motorists' actions. | Mr de Waal said parking companies were levying charges on drivers which were disproportionate to the losses suffered by landowners as a result of motorists' actions. |
| He said the charges should be seen by the courts as penalties, which would mean they were unenforceable. | He said the charges should be seen by the courts as penalties, which would mean they were unenforceable. |
| 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". |
| Drivers who stay longer than the time they have paid for may receive tickets demanding payments of up to £100, and significantly more in some cases, the foundation added. | Drivers who stay longer than the time they have paid for may receive tickets demanding payments of up to £100, and significantly more in some cases, the foundation added. |
| It cited the case of a woman from High Wycombe who, in 2014, had been penalty charged £100 for overstaying in a car park which cost 20p per hour. | |
| The foundation's director, Professor Stephen Glaister, estimated the overcharging may have reached £100m in 2013 and said millions of drivers could be due a refund. | The foundation's director, Professor Stephen Glaister, estimated the overcharging may have reached £100m 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 said. | "We would like to see this legal argument tested in a higher court so that a binding precedent is set," he said. |
| 'Barely regulated' | '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. | 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 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." | "In other words, they will have a case to get that money repaid." |
| A Department for Transport spokeswoman said: "This government is on the side of the motorist and we have been clear that we want to see an end to unfair parking practices - including taking strong action to ban clamping on private land. | |
| "Parking in private car parks means that motorists enter a contract with the landowner and the courts must decide if the level of a parking fine is justified should there be a dispute." | |
| The report also said European consumer legislation - which requires contracts to be fair - means so-called "early payment discounts" of fines could also be unlawful because they constitute a "price escalation clause". | The report also said European consumer legislation - which requires contracts to be fair - means so-called "early payment discounts" of fines could also be unlawful because they constitute a "price escalation clause". |
| It said that when parking signs are not clear or prominently displayed, the charge could also be challenged on the grounds of unfairness. | It said that when parking signs are not clear or prominently displayed, the charge could also be challenged on the grounds of unfairness. |
| 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 |