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RAC: Millions in private parking penalties 'charged illegally' RAC: Millions in private parking penalties 'charged illegally'
(about 1 hour later)
Millions of pounds of parking penalties could have been charged illegally, according to the RAC Foundation.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.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.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 refundsPossible 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 penalty charges 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.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 report also said European consumer legislation - which requires contracts to be fair - means so-called "early payment discounts" of penalty charges could also be unlawful because they constitute a "price escalation clause".
"We would like to see this legal argument tested in a higher court so that a binding precedent is set," he said. It said that when parking signs were not clear or prominently displayed, the charge could also be challenged on the grounds of unfairness.
'Barely regulated''Barely regulated'
The foundation's director, Professor Stephen Glaister, estimated overcharging in private parking penalties 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.
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. John Davies, director of the Independent Parking Committee, a trade association for the parking industry, said the forthcoming Court of Appeal case would offer "much needed clarity on the law".
"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." He said landowners needed protection to ensure that their land was not abused and, after clamping was made illegal on private land in 2012, "parking charges were the only protection that landowners have short of installing expensive barrier equipment".
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". "Providing the signs are clear and obvious and the motorist knows of the terms of parking at the time that they park, then they accept those terms. If they don't accept them, they have the choice not to park."
It said that when parking signs are not clear or prominently displayed, the charge could also be challenged on the grounds of unfairness. 'Bone of contention'
Patrick Troy, of the British Parking Association, which represents private parking companies, said: "The genuine pre-estimate of loss argument has been a bone of contention for many years and so we look forward to the Court of Appeal reaching a decision."
Mr Troy also pointed out that Parking on Private Land Appeals (POPLA) - an independent appeals service for parking tickets issued on private land - "exists to address instances of perceived unfairness".
A Department for Transport spokeswoman said the government backed motorists and wanted to see an end to unfair parking practices.
She added: "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."
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.
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