"Illegal" Parking fines total over £100 million - RAC
Discussion
http://www.bbc.co.uk/news/uk-31545417
BBC News said:
Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation.
Fines for overstays in car parks on private land could in some cases be unenforceable in court, barrister John de Waal QC said in a paper for the charity.
He said fines were much more expensive than compensation for a genuine loss.
The foundation highlighted instances of people being charged £100 or more for running over their parking ticket.
Its director Professor Stephen Glaister estimated the overcharging may have reached £100 million in 2013.
'Barely regulated'
Mr de Waal said: "Payments at the level that operators presently demand as sanctions are unlikely to count as genuine pre-estimate of loss."
He said they should be seen by the courts as penalties, which would mean they were unenforceable.
European consumer legislation which requires contracts to be fair means so-called "early payment discounts" could be unlawful because they constitute a "price escalation clause", he said.
He also said that when signs are not clear or prominently displayed, the charge could also be challenged on the grounds of unfairness.
Prof Glaister said he believed 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 added.
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".
Fines for overstays in car parks on private land could in some cases be unenforceable in court, barrister John de Waal QC said in a paper for the charity.
He said fines were much more expensive than compensation for a genuine loss.
The foundation highlighted instances of people being charged £100 or more for running over their parking ticket.
Its director Professor Stephen Glaister estimated the overcharging may have reached £100 million in 2013.
'Barely regulated'
Mr de Waal said: "Payments at the level that operators presently demand as sanctions are unlikely to count as genuine pre-estimate of loss."
He said they should be seen by the courts as penalties, which would mean they were unenforceable.
European consumer legislation which requires contracts to be fair means so-called "early payment discounts" could be unlawful because they constitute a "price escalation clause", he said.
He also said that when signs are not clear or prominently displayed, the charge could also be challenged on the grounds of unfairness.
Prof Glaister said he believed 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 added.
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".
The article says parking "fines" may have reached a figure of £100 million in 2013 - it doesn't actually say that was JUST for 2013, but it highlights that the figures asked for by private companies are far in excess of the compensation for loss.
It does not highlight the part DVLA play in this - the DVLA may well feel they could jack up their charges for supplying Reg Keepers details in the light of this though!
It will be interesting to see if anyone is prepared to act to regulate the charges in election year!
It does not highlight the part DVLA play in this - the DVLA may well feel they could jack up their charges for supplying Reg Keepers details in the light of this though!
It will be interesting to see if anyone is prepared to act to regulate the charges in election year!
A simple measure of not allowing charges for overstaying in a free car park would make a difference, and weed out a percentage of "illegal" charges.
I suspect a lot of car parks where the driver gets a refund in a shop don't end up with refunds, as the driver is elsewhere. It does however appear fairer on entry to the car park - and overstaying having paid seems fairer too.
Most of the problems stem from the greed of the parking companies such as Parking Eye, and a few drivers who take the piss knowing that PE are greedy money grasping bar stewards!
I suspect a lot of car parks where the driver gets a refund in a shop don't end up with refunds, as the driver is elsewhere. It does however appear fairer on entry to the car park - and overstaying having paid seems fairer too.
Most of the problems stem from the greed of the parking companies such as Parking Eye, and a few drivers who take the piss knowing that PE are greedy money grasping bar stewards!
herewego said:
Mill Wheel said:
A simple measure of not allowing charges for overstaying in a free car park would make a difference, and weed out a percentage of "illegal" charges.
I suspect a lot of car parks where the driver gets a refund in a shop don't end up with refunds, as the driver is elsewhere. It does however appear fairer on entry to the car park - and overstaying having paid seems fairer too.
Most of the problems stem from the greed of the parking companies such as Parking Eye, and a few drivers who take the piss knowing that PE are greedy money grasping bar stewards!
I don't think so. Look at S11Steve with hundreds of claims a week for selfish parking from just a few thousand drivers. Why shouldn't they be charged for overstaying in a free car park, it's free parking for a couple of hours not a free for all.I suspect a lot of car parks where the driver gets a refund in a shop don't end up with refunds, as the driver is elsewhere. It does however appear fairer on entry to the car park - and overstaying having paid seems fairer too.
Most of the problems stem from the greed of the parking companies such as Parking Eye, and a few drivers who take the piss knowing that PE are greedy money grasping bar stewards!
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