Private parking enforcement.

[frank rabbets]

As I understand it if you park on private land under the correct circumstances, eg, there are signs, you are entering into a contract with the land owner and if you breach the terms of the contract, eg, by overstay they can issue a charge. How can they prove who parked the car? I realise that the registered owner is liable for breach of parking regulations in public areas.

Is clamping illegal in UK now?

 

[ratrace]

this might help

plus there is a court case on going as well about this

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_parking_tickets_e.htm


found it

http://www.essexchronicle.co.uk/Bar...e-fine-Court/story-26057530-detail/story.html

 

[wobbly]

Hi Frank,

In relation to identification, they send a notice to the registered keeper asking them to identify the driver.

This is the same as Police-type fixed penalty tickets, however, I am unsure as to what civil law says as to the registered keepers responsibility to provide those details. With a Police ticket the law says the registered keeper must do that, or face the penalty themselves, but as civil isnt the same it would need a little more research.

With Mikes links, the first is in Scotland, so disregard this if you are in England, Wales or NI as the law is different.

Also - check for the word 'fine' on the ticket or paperwork, as its not legal and the matter is unenforceable.

I was under the impression that clamping was becoming unlawful on private land, but not sure whether its happened or not.

There are a couple of good legal sites you could research on, LegalBeagles is one, cant remember the other, but Shayne has mentioned it before as well, if he pops in Im sure he'll remember.

Let us know how you get on.

Pete

 

[wobbly]

Clamping, on private land, seems to be unlawful.

http://www.adviceguide.org.uk/engla...hen_your_car_can_be_clamped_or_towed_away.htm

Heres the BPA code of practice.

It seems the law changed in 2012 and the registered keeper is now liable if the driver isnt disclosed.

http://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_-_V4,_Feb_2014.pdf

 

[Towpack]

There have been cases which have gone to court (one in the news a couple of weeks ago in Harrogate I think it was) and have been thrown out as the charge or fine has been deemed totally unreasonable considering the cost of parking in the first place i.e. paying £2 to park for 1hr, overstaying by 15mins and being hit with a £80 fine. The penalty notices are often made to look like those issued by local councils and the police to which you have to respond by law. JMO

http://www.bbc.co.uk/news/uk-31545417

 

[joinerman]

Hmm, i work on a small industrial est & the owner has got a company in to control parking, UK something or other, can't remember their exact name, my boy also works in a unit behind me & left his car on the road for a short while but long enough to get a ticket, he's ignored it & now got an invoice for £100, he's ignoring that as well, don't know how he stands.

 

[ratrace]

sorry wrong link this is the right one

http://www.adviceguide.org.uk/engla..._and_parking_e/consumer_parking_tickets_e.htm

 

[frank rabbets]

Cant see how the registered keeper can be liable in contract unless he was the one parking the car.

 

[wobbly]

Law changed in 2012, making keeper responsible.

Joinerman, go on to legalbeagles and look at driving section, loads on there.

I doubt its legaly enforceablel, but its worth checking the site out.

 

[Towpack]

Reading the legislation the issuing of private tickets/fines is actually legal and the landowner is entitled issue a fine to 'Recover the losses they've suffered' which means they must be fair. Clearly a fine of £60 etc for an overstay or non payment of a parking charge that would have been £2 isn't fair and so far seems to have been regarded as such by the courts. JMO

 

[frank rabbets]

Wobbly do you mean registered keeper is responsible even in Civil parking law? I assume you could ask for a break down of exactly how they have calculated their monetary loss? Or would they just say that the charges were advertised and this is the contract you broke.

 

[Dan W]

I believe it's the registered keeper held responsible unless they tell them who was driving at the time.
However, the 'fine' is only enforceable through a court and the 'fine' has to reflect an accurate cost to the business.
Very rarely do they take people to court for non-payment as they make a fair amount from people who pay it without question. The first thing to do though is utterly ignore it, don't reply or acknowledge it, as then if they were to take it further they would then have to prove you were in receipt of the letters. By replying you confirm you've read them and live at that address.