Quote:
Originally Posted by SteveC
(hardly the the best source I know), only the police are allowed to issue fines for parking violations. Private companies can issue damage claims for breach of contract, in cases where parking your car on private land involves accepting terms and conditions of a contract clearly published in the car park. The damages have to be commensurate with the loss incurred.
Best is to contact your local Citizens Advice Bureau and find out if UK Parking Control has any authority to issue parking tickets.
For the most part these private parking company practices border on extortion and its important to know your rights and stand up for them.
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I'm no fan of PPC's,but it's worthwhile pointing out that the law regarding parking on private land has changed,and did so in October this year.
If you venture onto the UK Parking control website, all the info is there,along with a list of bluechip companies who are clients of UKPC.
It's highly unlikely that such companies would employ UKPC as a subcontractor, without the authority to issue parking invoices for what they deem a parking offence that forms part of their terms and conditions of using the car park.
Extract from the UKPC website:
New laws
In England & Wales the Protection of Freedoms Act 2012 came into force on 1st October 2012. It gives statutory authority to private parking companies, such as UK Parking Control Ltd, to obtain payment of a parking charge from the driver of a vehicle who breached our terms and conditions of parking. If we are not notified by the registered keeper of the name and address of the driver (within 28 days of requesting that information) the registered keeper must pay the parking charge.
The Protection of Freedoms Act 2012 states (under Schedule 4) that we can charge drivers/registered keepers (as applicable) the amount stated on our car park signage. Our parking charges comply with the guidance issued by the British Parking Association.
Any challenge against a parking charge can only be made to us within 28 days of the date of notification of the parking charge. If we reject a challenge made within 28 days the driver/registered keeper will have a further 7 days to pay the reduced amount of the parking charge. This is the last opportunity to pay the parking charge at the reduced amount. If payment is not made within 7 days the full parking charge becomes due and payable.
If we reject a challenge to a parking charge a driver/registered keeper may appeal the higher parking charge to the independent appeals service, called Parking on Private Land Appeals ("POPLA").
POPLA will consider your appeal and if it is accepted the matter will be closed, and any payment you have made us refunded in full. If your appeal is not accepted the full parking charge remains due and owing; and if payment is not made our debt recovery agents will pursue payment, (at which point a further charge will be made, as stated on our car park signage).If payment is still not made Court proceedings will be issued, at which point Court costs will be claimed. Any unpaid Court Judgment may adversely affect your credit rating.
Legal precedents
By parking at one of the car parks we manage a driver enters into a contract with us. We clearly display the appropriate terms and conditions on the signage at all our sites. As a result the parking charges we issue are enforceable in the civil courts.
A key legal precedent for England and Wales was set in 1996, in the case of Arthur v Anker. The judge ruled that Mr Arthur parked in breach of the terms and conditions prominently displayed at the site. He was liable to pay the charges levied.
A more recent precedent was set in 2008, in the case of Combined Parking Solutions ("CPS") v Stephen James Thomas. Mr Thomas tried to deny he was the person responsible for parking his car without a permit in a church car park managed by CPS. However, the judge ruled that “on the balance of probabilities” the driver was Mr Thomas, and that he had therefore knowingly entered into a contract with CPS. He was held liable to pay CPS’s charges plus interest, court fees and expenses. The Protection of Freedoms Act 2012 means that it will no longer be necessary to prove who the driver was, because if the registered keeper fails to identify the driver the registered keeper becomes liable to pay the parking charge.
In the Scottish courts the 2005 case of University of Edinburgh v Daniel Onifade set a legal precedent. In this case the court decided that Mr Onifade had knowingly parked in a private car park at the university on 29 occasions, without displaying a valid permit. The signage on display clearly explained that this would incur a charge of £30 per day. The judge held that Mr Onifade was liable to pay the parking charges of £870 plus interest and costs.