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Watchdog Videos
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taffy056
Posts: 4,895 Forumite
Here are all five videos from the BBC's Watchdog programme also attached is the general advice from the Watchdog team in regards to Private Parking Invoices.
The First Watchdog video - dated May 2010
http://www.youtube.com/watch?v=XAIcdi9niHA
The Second Watchdog video - dated October 2010
http://www.youtube.com/watch?v=ZdIB4BqOTlk
The Third Watchdog video - dated April 2011
http://www.youtube.com/watch?v=tlPjpW_6pGc
The Fourth Watchdog video - dated March 2012
http://www.youtube.com/watch?v=oJx4Sl5g57U
The Fifth Watchdog video - dated April 2012
http://www.youtube.com/watch?v=OBV5tlCsaFI
The Sixth Watchdog video - dated November 2012
http://www.youtube.com/watch?v=j0BleTTraDo
Some general advice on what you can do if you receive a parking ticket.
Types of parking ticket
Penalty Charge Notice
There are two different types of parking ticket and it is important that you are clear about which one you've received. Check the wording carefully – if the ticket is an official notice from your local council or police force then you've been issued a PENALTY CHARGE NOTICE (PCN). Only these two bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking illegally on public property. Such an offence is backed up by criminal law and you can be fined or end up in court for non-payment of the fines.
If you have received a Penalty Charge Notice issued by a council or police force then you should refer to the issuing body for advice on what to do next. Most councils will have detailed instructions on their websites outlining how long you have got to pay the fine, how to pay the fine and the penalties involved if you fail to pay within the time limit.
The notice should also contain clear detail of what parking violation you are accused of committing and contain any evidence, such as a photograph, which is being relied upon to prove you committed the offence. Crucially, the PCN should also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals procedure and the timescales involved.
If you are in any doubt as to what to do when you receive a penalty charge notice, it is always a good idea to seek independent advice from the Citizen's Advice Bureau, or a legal expert. The Law Society can provide details of a solicitor in your area.
Parking Charge Notice
The other type of ticket – and the one we hear from you most about - is one which has been issued by a private parking company. A private parking company is an organisation which has entered into an agreement with a landowner to enforce any parking restrictions he or she chooses to place on their land.
To be clear, when a landowner - for example a supermarket, a hospital or a retail shopping centre - creates a car park, they will set out restrictions usually in a notice displayed on the land which you agree to abide by when you park on that land. By choosing to park on the land it may be implied that you agree to these conditions, particularly if the notice is clear and prominently displayed and you are therefore entering into a contract with the business running the car park.
More often than not, such restrictions will involve a set time limit, a requirement to pay and display or a no-return policy. The terms and conditions of the car park should be displayed clearly and concisely on signs as you enter the car park and at other points across the site, along with information about parking fees and any subsequent charges which could be incurred for failing to comply. If you receive a charge notice you should check that these terms are correctly displayed at the car park in question. If you find they are not, you may wish to write to the company to appeal the charge. Photographs may help.
Legalities
The main difference between an official penalty charge issued by the authorities and a parking charge issued by a private company is that there is nothing in criminal law to support a penalty or fine for parking on private land. Therefore they should not be described as penalties or fines, although many parking operators will label their notices a Parking Charge Notice, which they will also abbreviate to PCN. Make sure you are clear which type of ticket you have received.
In issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make a claim for damages. The amount they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the Citizen's Advice Bureau, this charge should be reasonable and in line with the loss suffered by the business, although excessive charges are common. This isn't a criminal matter despite any impression given to the contrary by the operator.
The operator has no right to recover a parking charge from you without first taking you to court, so if you think there has been a mistake and you shouldn't have been issued a ticket, you may wish to dispute the charge with the parking company as soon as possible. You should ask them to provide proof of their case against you. If you fail to reach an agreement with them, then, as with all civil matters, it is up to the parking company to prove their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Remember that the parking operator has to prove its case on the balance of probabilities.
It is also important to note that, as things currently stand, the driver of the vehicle is the only person who can enter into a contract with the landowner. Therefore if you were not the person driving you may wish to inform the parking company of this straight away. Just because you are the registered keeper of the car, you are under no legal obligation to provide the parking operator with any further information, as you would be with the police. In particular you do not have to identify the driver or supply his or her name and address.
Indeed if you are certain that you have not parked in contravention of the rules of the car park, you do not have to contact the parking company if you do not wish to do so as the obligation is on the parking company to prove its case. However you should let them know that you contest the notice as if not, you can expect a series of letters from the company itself, debt collectors and solicitors, all warning of court action. However, the reality is that extremely few cases ever reach court because of the difficulties the private company has in proving its case. Consequently, the letters usually stop. Even if a case does reach court, the company may have trouble convincing a judge that the charge is fair.
Appeals (Prior to October 2012) or in Northern Ireland and Scotland
Finally, there is no independent appeals process for charges issued by private parking companies, but the British Parking Association, the trade body representing the private parking industry, does set out clear guidelines which state that an appeals process must be put in place by the company, details of which must be included on the charge notices they send out.
If you feel your appeal has not been considered fairly, or hasn't been acknowledged, make sure you seek legal advice before the case progresses further. Watch out for so called appeals procedures which require you to pay the full amount claimed up front before exercising a right of appeal.
http://www.bbc.co.uk/watchdog/consumer_advice/parking_ticket_advice.shtml
Appeals (Post October 2012)
In England and Wales only, and if the Private Parking Company is a member of the British Parking Association's Approved Operator Scheme (BPA AOS), appeal to the PPC using any of the applicable grounds below and then appeal to the independent Parking on Private Land Appeals (POPLA) service (see below for further details). If the appeal is unsuccessful then ignore subsequent correspondence from the PPC.
Protection of Freedoms Act (England and Wales only)
In England and Wales the Protection of Freedoms Act has introduced some changes that might affect your decision whether to simply ignore a PPC ticket. These changes apply only to parking companies that are also members of the BPA AOS scheme, and are principally:
http://forums.pepipoo.com/index.php?showtopic=46975
The First Watchdog video - dated May 2010
http://www.youtube.com/watch?v=XAIcdi9niHA
The Second Watchdog video - dated October 2010
http://www.youtube.com/watch?v=ZdIB4BqOTlk
The Third Watchdog video - dated April 2011
http://www.youtube.com/watch?v=tlPjpW_6pGc
The Fourth Watchdog video - dated March 2012
http://www.youtube.com/watch?v=oJx4Sl5g57U
The Fifth Watchdog video - dated April 2012
http://www.youtube.com/watch?v=OBV5tlCsaFI
The Sixth Watchdog video - dated November 2012
http://www.youtube.com/watch?v=j0BleTTraDo
Some general advice on what you can do if you receive a parking ticket.
Types of parking ticket
Penalty Charge Notice
There are two different types of parking ticket and it is important that you are clear about which one you've received. Check the wording carefully – if the ticket is an official notice from your local council or police force then you've been issued a PENALTY CHARGE NOTICE (PCN). Only these two bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking illegally on public property. Such an offence is backed up by criminal law and you can be fined or end up in court for non-payment of the fines.
If you have received a Penalty Charge Notice issued by a council or police force then you should refer to the issuing body for advice on what to do next. Most councils will have detailed instructions on their websites outlining how long you have got to pay the fine, how to pay the fine and the penalties involved if you fail to pay within the time limit.
The notice should also contain clear detail of what parking violation you are accused of committing and contain any evidence, such as a photograph, which is being relied upon to prove you committed the offence. Crucially, the PCN should also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals procedure and the timescales involved.
If you are in any doubt as to what to do when you receive a penalty charge notice, it is always a good idea to seek independent advice from the Citizen's Advice Bureau, or a legal expert. The Law Society can provide details of a solicitor in your area.
Parking Charge Notice
The other type of ticket – and the one we hear from you most about - is one which has been issued by a private parking company. A private parking company is an organisation which has entered into an agreement with a landowner to enforce any parking restrictions he or she chooses to place on their land.
To be clear, when a landowner - for example a supermarket, a hospital or a retail shopping centre - creates a car park, they will set out restrictions usually in a notice displayed on the land which you agree to abide by when you park on that land. By choosing to park on the land it may be implied that you agree to these conditions, particularly if the notice is clear and prominently displayed and you are therefore entering into a contract with the business running the car park.
More often than not, such restrictions will involve a set time limit, a requirement to pay and display or a no-return policy. The terms and conditions of the car park should be displayed clearly and concisely on signs as you enter the car park and at other points across the site, along with information about parking fees and any subsequent charges which could be incurred for failing to comply. If you receive a charge notice you should check that these terms are correctly displayed at the car park in question. If you find they are not, you may wish to write to the company to appeal the charge. Photographs may help.
Legalities
The main difference between an official penalty charge issued by the authorities and a parking charge issued by a private company is that there is nothing in criminal law to support a penalty or fine for parking on private land. Therefore they should not be described as penalties or fines, although many parking operators will label their notices a Parking Charge Notice, which they will also abbreviate to PCN. Make sure you are clear which type of ticket you have received.
In issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make a claim for damages. The amount they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the Citizen's Advice Bureau, this charge should be reasonable and in line with the loss suffered by the business, although excessive charges are common. This isn't a criminal matter despite any impression given to the contrary by the operator.
The operator has no right to recover a parking charge from you without first taking you to court, so if you think there has been a mistake and you shouldn't have been issued a ticket, you may wish to dispute the charge with the parking company as soon as possible. You should ask them to provide proof of their case against you. If you fail to reach an agreement with them, then, as with all civil matters, it is up to the parking company to prove their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Remember that the parking operator has to prove its case on the balance of probabilities.
It is also important to note that, as things currently stand, the driver of the vehicle is the only person who can enter into a contract with the landowner. Therefore if you were not the person driving you may wish to inform the parking company of this straight away. Just because you are the registered keeper of the car, you are under no legal obligation to provide the parking operator with any further information, as you would be with the police. In particular you do not have to identify the driver or supply his or her name and address.
Indeed if you are certain that you have not parked in contravention of the rules of the car park, you do not have to contact the parking company if you do not wish to do so as the obligation is on the parking company to prove its case. However you should let them know that you contest the notice as if not, you can expect a series of letters from the company itself, debt collectors and solicitors, all warning of court action. However, the reality is that extremely few cases ever reach court because of the difficulties the private company has in proving its case. Consequently, the letters usually stop. Even if a case does reach court, the company may have trouble convincing a judge that the charge is fair.
Appeals (Prior to October 2012) or in Northern Ireland and Scotland
Finally, there is no independent appeals process for charges issued by private parking companies, but the British Parking Association, the trade body representing the private parking industry, does set out clear guidelines which state that an appeals process must be put in place by the company, details of which must be included on the charge notices they send out.
If you feel your appeal has not been considered fairly, or hasn't been acknowledged, make sure you seek legal advice before the case progresses further. Watch out for so called appeals procedures which require you to pay the full amount claimed up front before exercising a right of appeal.
http://www.bbc.co.uk/watchdog/consumer_advice/parking_ticket_advice.shtml
Appeals (Post October 2012)
In England and Wales only, and if the Private Parking Company is a member of the British Parking Association's Approved Operator Scheme (BPA AOS), appeal to the PPC using any of the applicable grounds below and then appeal to the independent Parking on Private Land Appeals (POPLA) service (see below for further details). If the appeal is unsuccessful then ignore subsequent correspondence from the PPC.
Protection of Freedoms Act (England and Wales only)
In England and Wales the Protection of Freedoms Act has introduced some changes that might affect your decision whether to simply ignore a PPC ticket. These changes apply only to parking companies that are also members of the BPA AOS scheme, and are principally:
- The PPC may "invite" (not demand, nor require) the RK to provide the details of the driver at the time of the alleged transgression. If the RK doesn't do so, or their invitation is ignored, the PPC is entitled to pursue the RK for whatever charge they are lawfully entitled to from the driver. If the RK does give the name of the driver, the PPC must solely pursue the driver. Therefore as long as the PPC goes through the correct process, relying solely on the argument that "I was not the driver" won't help you. However that is the only change, and if the decision is to ignore then it simply means that the RK ignores rather than the driver.
- There is an independent "appeals" process, operated by Parking on Private Land Appeals (POPLA). The grounds on which POPLA will consider an appeal look to be narrow and until the first appeals are heard we don't know the stance it will take. However the appeal costs you nothing and costs the PPC £27+ VAT, so we would recommend that everyone who is so inclined appeals. The best grounds seem to be:
- "The parking charge (ticket) exceeds the relevant amount" (if the charge is not valid it should be zero), and;
- "I am not liable for the parking charge" (if the charge is an unlawful penalty, or the PPC has no interest in the land to offer a contract, etc there will be no liability)
http://forums.pepipoo.com/index.php?showtopic=46975
Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?
0
Comments
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Okay managed to attach all 3 watchdog videos to the thread, including the missing one from October.Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
Okay managed to attach all 3 watchdog videos to the thread, including the missing one from October.
Brill, never saw a youtube version of the October programme till now! :TPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Brill, never saw a youtube version of the October programme till now! :T
Was looking for that programme for ages, found it and uploaded it to YouTube at the same time as the other one, hope it helps people learnExcel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
Not blowing my own trumpet here, but this thread should be stickied up like it is on pepipoo, it's got all the watchdog advice in one placeExcel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
Not blowing my own trumpet here, but this thread should be stickied up like it is on pepipoo, it's got all the watchdog advice in one place
Seconded, should be a sticky thread. Please MSE. :TPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thirded - if there is such a thing.Coupon-mad wrote: »Seconded, should be a sticky thread. Please MSE. :T
Well done Taffy a really useful set of films.My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0 -
Thirded - if there is such a thing.
Well done Taffy a really useful set of films.
Thanks and a small bump to the first page
Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
Back up to page oneExcel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
Back up from the pitExcel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
Second video is quite hard to hear and a bit uninspiring....I note the official WD notes seem to advise responding to the initial INVOICE.....something most people on here would definitely not agree with.....!!
I wonder if there is anyone out there who has responded to point out why the parking notice is faulty and received a response saying 'oops, oh sorry about that, yes of course we are wrong and will leave you alone and go away quietly.' <expects to be met by a deafening silence>Less stuff, more life, love, laughter and cats!
Even if I'm on the shopping threads, it doesn't mean I'm buying! Sometimes it's good to just look and then hit the CLOSE button!0
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