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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 in England and Wales 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 in England and Wales 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.
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 penalty charges 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, it said.
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 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". The report also said European legislation, which requires contracts to be fair, meant so-called "early payment discounts" of penalty charges could also be unlawful because they constitute a "price escalation clause".
It said that when parking signs were not clear or prominently displayed, the charge could also be challenged on the grounds of unfairness. It said 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. Foundation 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."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 penalty charge, could establish a precedent in law if the motorist wins, meaning others could have a case to get money repaid.
"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. Case study
"In other words, they will have a case to get that money repaid." Louise Turner, 28, of west London, was given a parking ticket in December in Uxbridge.
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". "I wasn't even parked. I got lost and drove on the land to turn around. I was on the land 186 seconds, but still received a £100 fine."
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". She paid "under duress" because she was threatened with bailiffs by the parking company, but says that if the law deems such charges illegal then she would appeal hers "immediately".
"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." "I know many people in the exact same situation who would recover their costs tomorrow, if it became possible," she said.
'Bone of contention' "It's imperative that this is dealt with. These companies are bullying people into paying the money.
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." "And it's not only my age group that's affected, it's the elderly and vulnerable who can get intimidated into paying."
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". John Davies, director of the Independent Parking Committee, a trade association for the parking industry, argued landowners needed protection to ensure their land was not abused, and that parking charges were now "the only protection that landowners have short of installing expensive barrier equipment".
Michael Green runs the Challenge the Fine campaign, aimed at stopping the DVLA from selling driver details to parking firms, so that the firms can pursue penalty payments. People who did not accept parking terms set out clearly on signs had "the choice not to park", he said.
He said: "Plenty of judges have already said that these charges are not enforceable. The problem is they don't have the power to set binding law. 'Binding law'
And Patrick Troy, of the British Parking Association, which represents private parking companies, said people were already able to appeal to the Parking on Private Land Appeals (POPLA) body to address incidents of perceived unfairness.
Parking campaigner Michael Green said: "Plenty of judges have already said that these charges are not enforceable. The problem is they don't have the power to set binding law.
"So whenever the parking companies lose in court, they just ignore it.""So whenever the parking companies lose in court, they just ignore it."
A Department for Transport spokeswoman said the government backed motorists and wanted to see an end to unfair parking practices. A Department for Transport spokeswoman said: "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."
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."