New Clamping / Parking Laws

munchpot

Hi All

Sorry if I'm asking a dumb question but I'm a little confused about the new clamping laws coming into effect on the 1st

A couple of TV programmes have highlighted this and said that clampers will be legally allowed to ticket from the 1st under the new laws.

Does this mean that the parking tickets in car parks etc will be legally binding or have the TV companies got it wrong

Thanks for you help

taffy056

Clamping and towing on private land in England and Wales is being made illegal from October 1st full stop, that includes blocking in. Clamping in Scotland is already illegal. Clamping in NI is continuing for now. The only clamping and towing allowed is through legal authority like the courts or the police.

taffy056

As for parking laws

Keeper liability is being introduced on the same date, this will enable parking companies to be told the name and address of the driver in question if the RK is asked, it's up to them to respond to that. Until its introduced we are not sure 100% what it entails. It's also for England and Wales only.

bazster

Not surprised you're confused, there is a lot of rubbish being talked about this.

Very little changes as regards tickets. Anyone can "legally" issue a ticket in the sense that anyone can "legally" attach a worthless piece of paper to your windscreen, or send you a worthless begging letter through the post. This is not new.

The only changes as regards ticketing are that:

(i) the parking company might be able to hold the registered keeper liable to pay the charge if they can't find out who the driver was and
(ii) there is a new "independent" (ha!) appeals service for anyone who wants to use it after getting a ticket.

The following have always been true and remain true:

- the company issuing the ticket almost never has sufficient interest in the land to make an offer of parking, and hence has no power to enter into a contract with the motorist
- the charges demanded are almost invariably punitive and hence are unlawful contractual penalties
- the charges almost invariably arise as a result of unfair contract terms
- the parking company often fails to mitigate its alleged losses.

For these reasons such tickets are no more enforceable than they ever were, and can still be safely ignored. Alternatively, if one wishes to fight back, one can go through the appeals process, because it will cost the parking company £27 + VAT for each appeal submitted to the "independent" (ha!) appeals service. Crucially, the result of an appeal is binding on the parking company but not the appellant i.e. after your appeal is rejected you can revert to ignoring everything sent to you.

Coupon-mad

This question is asked every day at the moment. Here's yesterday's thread & advice:

https://forums.moneysavingexpert.com/discussion/4200527

There is nothing to worry about at all, as others have said these fake PCNs are no more enforceable than they ever were.

It's just that the registered keeper and driver can ignore them now, rather than only the driver before.

And that if a PPC happens to be a BPA member and in the AOS scheme there will be an independent appeals procedure called POPLA, being run by LondonCouncils.

We will be encouraging as many people as possible to appeal this way if their PPC is in the AOS scheme. Partly because it will expose PPCs dodgy paperwork & sneaky practices, partly to increase the chance of cancellation and partly because it costs each PPC over £32 every time, whatever the outcome.

And the outcome is only binding on the PPC, not the motorist who can revert to 'ignore mode' knowing he has cost the PPC money! :rotfl:

tospig

As of the 1st Oct (Monday), if there are still signs up by a PPC that say they can clamp, or even have the clamping logo still on there, should we be photographing and reporting these to the DVLA?

peter_the_piper

tospig wrote: »

As of the 1st Oct (Monday), if there are still signs up by a PPC that say they can clamp, or even have the clamping logo still on there, should we be photographing and reporting these to the DVLA?

Why not????

junkmayle

Can I just ask that if you say the driver was your mate Czcibor from Gdansk, as RK, you have done your duty and would the PPC bother follwing that up?

Coupon-mad

junkmayle wrote: »

Can I just ask that if you say the driver was your mate Czcibor from Gdansk, as RK, you have done your duty and would the PPC bother follwing that up?

They might do but if you stuck to your guns that he was definitely driving, then you have fulfilled the terms of the Act. I would suggest a real person is used though, not 'Mickey Mouse' etc., in case a PPC wants to try Court. In front of a Small Claims judge there is a strong defence available against any fake PCN - but to lie about a driver could swing the case back in their favour as you can't lie in Court.

TBH I won't even try that next time I collect a fake PCN again. I shall just deny the alleged charge, say their signs weren't clear and they have no lawful right to bring a charge, and insist on a POPLA appeal (not saying whether I was driving or not).

taffy056

tospig wrote: »

As of the 1st Oct (Monday), if there are still signs up by a PPC that say they can clamp, or even have the clamping logo still on there, should we be photographing and reporting these to the DVLA?

Guess you haven't seen the bpa new cop that allows companies that clamp and ticket on their signs until march 2013 to do a change then ?the only ones that must be taken down by Monday is the purely clamping ones

tospig

No, I haven't seen that. Thanks.