Why MPs must crack down on cowboy parking firms

Confused.com columnist Sam Dunn explains why MPs must crack down on the scandal of cowboy parking firms following a string of complaints.

By Sam Dunn

“Going private” is usually shorthand for pricey yet superior service or goods – be it a swanky gym membership over your local council-run centre, hospital treatment, schooling, dentistry or long-term care.

But extend this list to private parking and one half of this particular pact crumbles instantly – unfortunately, it's the bit where you're supposed to bag superlative service for your premium payment.
Pay handsomely to leave your car on privately-owned land – a small select car park in town, say, or outside a leisure centre, supermarket or hospital – and you're effectively gambling in an unregulated, rip-off casino where you could fork out hundreds of pounds to remove a shiny custard-coloured clamp or to simply get your car back.

 

More rip-off charges and dodgy tactics

Recent statistics from Citizens Advice reveal it recorded a stonking 16,840 new parking problems in England and Wales last year – up by 12 per cent on 2009. Sadly, it also reports countless incidents of unjust and disproportionate charges against motorists who have parked on private land.

Its list of boorish behaviour includes concealed, absent or unclear signs warning drivers of potential charges; downright nasty staff hectoring drivers who refuse to pay up instantly; hard-to-contact parking staff when querying a fine; and pitiful lack of official channels to officially  appeal mistakes.

Most gallingly, Citizens Advice reports a handful of drivers slapped with bogus fines for car parks they had never visited or on the wrong end of unwarranted aggression.

Worryingly, its research detailed the horror of a 63-year-old man blocked in by a private car-parking operator while he tried to execute a three-point turn. Worse, the elderly driver was then forced to give up his debit card to pay a monstrous £528 before being allowed to leave.  Incredibly, the “No Parking” and clamping signs were not in place and partly hidden on the ground.

Tougher controls needed

The boss of watchdog Consumer Focus, Mike O’Connor, has it spot on when describing how private parking "should, in fact, make motorists feel secure and safe but the biggest risk people may face are the actions of the car park owner rather than damage or theft”.

It’s an absurd reality yet there's no disguising the fact that many private car park operators run riot in a self-regulated market, with – scandalously - no independent appeals process.

Although changes are gurgling in the pipeline, there's a great danger that the focus will be badly misplaced. MPs may well be in deep analysis of the Government's Protection of Freedoms Bill, which features a proposal to outlaw both clamping and towing in England and Wales, but there are anxieties that it will fail to curtail the most harmful practices.

The two biggest flaws, unfortunately, concern the two biggest worries: there are no plans to place a cap on the most exorbitant (and extortionate) charges levied by operators on hapless car owners, and there is a baffling absence of an appeals process.

Watch out for unlimited fines

Technically, there is no limit to the size of a fine you might face: since private tickets are unregulated, companies can theoretically charge what they want. Happily, about a third (of roughly 2,000) are British Parking Association (BPA) members which has drawn up a code for ticket issuing, clamping and car removal.

Although this code currently has a maximum charge limit - £125 for a clamp, £250 from the car pound – these are anyway higher than many council charges and, crucially, only voluntarily followed.
As for the absentee appeals process for dodgy tickets, it shamefully looks like drivers will have to rely on militant consumer behaviour – a refusal to pay followed by dogged persistence and resolution to take it to court (which should deter the most shifty operators).

However, unless you’re one of lucky few with enough time and temerity to stick to your guns and run the risk of a stressful potential legal action, this is no way for an industry to be run. Most aggrieved drivers won’t have the resolve to rely on such actions.

Without crystal-clear legal rules on these private parking protocols, there will be absolutely no incentive for any such operator to pay even lip service to the new bill.

If MPs fail to deal with such an aberration, this will be a great waste of legislative opportunity.

Comments

[Nick Marshall]

I got a parking ticket in december when all the snow was on the floor on private land they issued a ticket when no one could see where the land starts or ends yet they kept on insisting i owe them money, i sent e-mails back after they sent me letters and contesting every time, looks like now they have given up.....TIP jut keep contesting until they get fed up ....but please be aware the price/fee keeps going up!

[Si]

These private firms get your info from the DVLA which sells them the registered car owners details. I think this is absolutely wrong. What happened to data protection. DVLA you should be ashamed. With regards to the private parking firms, like Nick said just keep contesting and they'll eventually give up. It would cost them much more in time and effort to take you to court. And I've heard they could only claim the cost of the original parking anyhow. I've also heard if you write and tell the company that there are several people insured to drive your vehicle and on the day the ticket was issued you were not the driver they cannot do anything. This only applies to private parking FPN's so don't try it with council parking officers.

[jim]

clamping has been illegal in Scotland since it was invented clampers were charged with theft and extortion and jailed.private car parks must be able to identify the car driver before they can force a fine to be paid thereis no requirement to name the driver to private companies.
England is backward re clamping its theft in England as well

[Peter]

Ok, but I have a paid for private parking space and cars are regularly parked in it without any form or consent requested from me and without anyone bothering to check if it is OK. There is a clear notice to say that this is private but they ignore it. What can I do when I want to park my car in my own space? This is in Scotland where clamping is illegal but there is nothing in place to protect me. If someone choses to park on my drive or in my front garden is that OK? So why is it ok to park in my parking space that I have legally registered title to use?

I accept that there are plenty of rogue clamping companies willing to rip off anyone but what about the people who park on private land and couldn't give a sh*t about ownership even when it is clearly marked? Frankly if the drivers genuinely believe that they are parking on free public land wouldn't you think that they would check for parking signs? I'm sorry But much of the bullshit spoken by the free parking brigade ignores the fact that most parking is restricted especially in towns and they are simply trying to pretend that they didn't see the signs or couldn't be ar**d to read them.

[Peter Jones]

Look for my paper 'Private Parking - Guide to an Effective Defence' on google. It seems to have found its way onto all sorts of sites and though written in 2007 is still good law.

Peter

[John]

Beside my workplace in Cumbernauld, there is a massive car park for the town centre, never full, they have signs saying the the first 4 hours are free, after that you are served with a FPN for £60.00. The law is not too clear but I don't think the company will chase you for the money. First time I got a ticket I appealed to the collection company, got standard letter, pay up within 7 days or the charge goes to £130.00 so I then appealed to the Town Centre Manager she canceled the PCN. It appears that they use the law of trespass, (if you are on someone elses land and cause damage or loss you are liable) however I pointed out that as the car park did not charge for the first 4 hours they could not make a loss and as there were plenty of empty spaces the shops would not have suffered any loss. Now when folks from our office get tickets the majortiy of them just ignore them, it would cost the company too much to chase the money through the small claims court. They are counting on people just paying up, they do you for parking over the lines, one day there was a truck in the car park to carry out maintenance on the street lights in the car park, it was over the lines and got a ticket, keen to try and get money out of anyone they can. To make matters worse, some people who work in the Town Center shops park in our car park, which is signed as private, but no measures in place to stop them parking there.

[dan]

I got clamped in my own car park, amazingly part of my management fees pay for the security company to ensure people do not park in my space, my permit was visable but not completely- breaking the rules and I was clamped. if that wasn't bad enough, 3 weeks later my car was broken into in my 'secure' car park- the clampers were registered with BPA, it ought to be banned, if someone did actually park in my space, the last thing I would want is for them to be clamped so they cannot move!

[ticket_victim]

As a public organisation - the DVLA are duty bound to disclose many forms of information if in the public interest.

Ask for a Freedom of Information act request for the amount of money the DVLA earned from say Excel Parking in 2009 and how many individual vehicles it was made up from- could they really have applied for over 50,000 driver details and had them issued by the DVLA. On average - if everyone paid they'd be making £60,000 per week and that's the maths before they start with the terror letters and inflated charges

and that's just one Private Parking company !

[Peter]

Why does everyone complain when they clearly know that they have no right to park where they fancy at a time that suits them. Is it OK for someone else to park in your front garden, on your driveway? So why is parking your right on somewhere that is clearly marked as not being your property.

The right to roam advocates have never proposed that car owners should have an indiscriminate right to dump their cars where it suits them for however long they choose, simply that you should have a reasonable right of passage over that land without causing damage or restriction of use by the owner.

Some car owners seem unable to accept that to be accused of failing in their responsibility to respect that all land is not their property is a curtailment of their freedom to enjoy their weird and but untenable rights.

Unfortunately this perverse view of freedom to park where want, for as long as suits them and a couple of fingers to anyone else could provide a backlash in time when their irrational behavior is recognised as simply selfish rather than as a campaigner for freedom.

[gary]

parking charge notices are not worth the paper they are written on it is just a invoice which if you ignore the threatening letters they move onto the next victim. I have had 2 invoices and didnt communicate with them once so the rule is ignore! Ignore! Ignore.

[Jo Hidderley]

It's quite simple - completely ignore all correspondance from these crooks and after four, five or six ever threatening letters they disappear in a cloud of dust.

[didondondon]

I was hit with a £100 unpaid fine last year, not even told where I was supposed to be parked! Fortunately I was able to prove where I was parked all that day and sent this information to the firm dealing with the matter, told them it would cost them for me to provide the evidence and they backed off, it made me think though, most of the time most people can not prove where they are or if they can, can not prove where thier car is. All it takes is a person with a reg. to issue a ticket and bingo, they've got you. If they have got my reg, and they got my address, then surely they should have checked the make and colour of my car before issuing me with the threat of a court appearance. I got nowhere with my complaints.

[Peter]

Dan from your post:

"I got clamped in my own car park, amazingly part of my management fees pay for the security company to ensure people do not park in my space, my permit was visable but not completely- breaking the rules and I was clamped. if that wasn't bad enough, 3 weeks later my car was broken into in my 'secure' car park- the clampers were registered with BPA, it ought to be banned, if someone did actually park in my space, the last thing I would want is for them to be clamped so they cannot move!"

Could I ask what do you want? Do you want a parking space you can use or do you want someone else to use it? If they park in your space do you want them to dematerialize or are you happy for them to stay? Isn't your problem that BPA are simply crap at their job and should be replaced? You pay the management fees, you employ them, get them replaced.

[Peter]

Gary, don't credit yourself as a victim. A victim is someone who has been the subject of an injustice. You have simply parked you car where you knew you had no right to park but expected to get away with it and at present you have. But does that give you some credible responsibility? No you just parked where you wanted and expected not to pay. There is no moral justification for your action in refusing to pay a parking fee just a view that you will probably get away with it much of the time.

[Leopheard]

Ticket_victim - like most people on the internet, you have just assumed what you think is correct and stated it as fact.

The DVLA can release your information under certain circumstances under Regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002.

See the following:

http://www.dft.gov.uk/dvla//data/relinfo/howtorequest.aspx

http://www.dft.gov.uk/dvla/~/media/pdf/forms/v888x3.ashx

[James]

Tell them that you will pay when you get a VAT invoice and a VAT receipt for the payment. All these cowboys should be registered for VAT and yet none of them are. They only deal in cash. If you get a ticket, get their details and report them to HMRC for suspected Tax Evasion.

[Zenobia]

Aren't they committing trespass to goods by clamping and towing?

Surely that's actionable in civil court by way of injunction?

I'd happily injunct these wastes of arms and legs and then, when they no doubt ignore the injunction, I'd happily commit them to prison. Let's see them put clamps on with their rectums spread to the size of dinner plates!!!!!!!

[Martin Booth]

If you commit a crime, you are a criminal. There is no such thing as a punishment that fits the crime. As far as I am concerned, being someone who has NEVER had a parking ticket in 30 years of driving, if you park illigally, your car should be crushed and your licence revoked. Period.

Learn to drive. Learn to park and pay your dues. Otherwise.. would you like cheese with your whine?

[Christine]

If a hospital sign says 'No Smoking' would you sit in a ward and light up? And if you did would you expect to be told to put it out or be escorted outside. What is the difference with a 'No Parking' sign. Does that mean no parking to everyone except them? What part of NO do people not understand If they obeyed the rules then they would not get caught and be indignant at having to pay the fine. If you park where you are told not to then expect a fine.

[Mark Howells]

@James. Offering to pay is a bad move. The best advice is to simply ignore them and not to enter into correspondence with them at all.

Don't forget that they cannot take the owner of the car to court. - only the driver and they have to prove who was driving. You're under no obligation to tell them (unlike speeding tickets.)

To those who say you should park legally in the first place I agree. However simply overstaying a 2 hour limit is not the same as parking in a dangerous spot.

Finally, if you want to protect your private space, simply fit a lockable bollard. If someone removes or damages it you can prosecute for trespass...

[Andrea Parsons]

I live in a block of flats with a private car park fo the use of our residents only, also we have a private access road leading to our car park. Dispite several signs warning people not to park in our car park, or access way, we are constantly bombarded by ignorant selfish drivers who believe that they can just park their cars anywhere without any consequences.
Why is it in this country people like you Sam Dunn like to jump on the band wagon to protect people who have no regard for anyone else except theirselves.
On many occassions we find that we cannot park in our own car park, so please if you have any suggestions of what we can do then please feel free to let me know. Perhaps battery acid thrown over these ignorant selfish drivers might be a detterant!!!
So how about jumping to our defence you stupid naive person Sam Dunn.
How would you like it if people started parking in your private driveways? but we know the answer to that dont we!

[James]

I don't think any reasonable person can object to a reasonable fine/fee for unauthorised parking. My home town of Durham has recently been handed over to NCP who operate enforcement and permits for most of the city.

When the scheme first started operating I found myself with a £30 PCN for parking in a permit only area. Fair cop I should have read the signs. Not gonna lie it was annoying but that was enough of a deterrent to take care in future.

Last June my dad borrowed my car and parked it in Birmingham in a private car park - he purchased a ticket from the machine and displayed it correctly. Only upon his return he found the car had been towed away. It turns out that he'd purchased the ticket from a council machine for an adjacent car park - a costly mistake but there was no distinguishing signage.

(Google "Midway Parks" - I challenge you to find a good bit of press/forum post about it)
He was ordered to pay £390 by 6pm to get the car back - that's more than the £250 you can take out of a cash point in a day. Costs then accrue at £40/day thereafter.

How on earth is the £390 proportional to the land owner's losses (between £3 and £7) as a result of the situation? When they have your car and you're stranded no argument about signs etc will help. These companies very often don't care if you subsequently challenge and get judgement against them - your bailiff can't get into their compound to enforce it/levvy goods.

I'd like to see MP's club their heads together and decide:

1. Ban towing away of vehicles - impounding the car makes any reasonable challenge impossible and amounts to blackmail.

2. Keep parking charges - we need a deterrent to keep the streets clear of nuisance parkers.

3. Establish a fair scale for charges and a transparent appeals process, with a maximum charge payable.

[frank shaw.]

I parked on Aldi car park on good friday, to nip in for a couple of items, i was then accused of committing an obstruction, who i was obstructing must have been an alien, time ticket issued 11.55am, time of shopping receipt 11.58 am, i was back home in fleetwood. at 11.10-am could.nt see the bar steward anywhere. i will be writing to Aldi stores.

[Dr.R.Dambawinna]

I parked for just one minute in a car park and I was wheel clamped,when I stopped to purchase some lottery tickets. Had to pay £200/- fine!
That is an exorbitant fee to extract from pensioner and a disabled person driving only a "Smart car".
Are mercenaries born or made?

[jones]

my god i cant believe some of the utter bo&&ocks written here by the "pay your fine and shut up whining brigade" i hope you all get clamped someday bet you change your mind then .

i went to my local council offices to pay my poll tax some years ago i parked in what i believed was a public car park ,when i returned my car was missing , within a minute or so a man approached me demanding 450 pounds to get my car back.there was not a single no parking or private parking sign anywhere on the land ,i was told wasn't there problem i should know better .

i was fuming i refused to pay and stormed off thinking what i could do ,i was approached by a police officer further down the road ,who told me where they were keeping my car and even though it was illegal for them to take it ,the police couldnt get involved ,although he did advise me to call back that night after 10 pm with a way to remove a padlock . I did with my brother and had to pinch my own car back from within a council owned garage which they were using to impound the car.