MSE News: Private parking appeals service launches

Pincher

I would like to know if the ticket issuer has the right to blacken your credit records. Some people pay up under this threat.

We need to make sure they can only do so if they take you to court and prove you are liable.

ManxRed

Pincher wrote: »

I would like to know if the ticket issuer has the right to blacken your credit records. Some people pay up under this threat.

We need to make sure they can only do so if they take you to court and prove you are liable.

Absolutely not. They can only do this if (a) you sign up to a credit or loan agreement with them and its in the terms and conditions, and then you breach those terms and conditions or (b) you fail to settle a court judgement against you within the relevant timeframe.

That's it. Not heard of anyone signing up to a credit agreement with a car parking company yet, so they only have (b) as an option.

rickbonar.

There is a very interesting thread on cowboy clampers (bit of an understatement as they are often no more than thuggish protection racketeers)

See this thread on MSE

https://forums.moneysavingexpert.com/discussion/1628325

It outlines the activities of a Mr Ted Evans a notorious wheel clamp blackmailer.

ManxRed

That thread is just below this one, and your link on there brings people back here in a loop!

rickbonar.

ManxRed wrote: »

That thread is just below this one, and your link on there brings people back here in a loop!

Thanks for pointing that out.
and
Sorry I'll have to revise the post!

Trebor16

Here is the article in full:-

Drivers wanting to challenge charges made in private car parks in England and Wales can use a new appeals service from today, though there is a catch.

Previously, if a motorist wanted to complain about a parking charge received on private land, they had to appeal to the parking company directly. If they still felt the decision was unfair, they had to challenge the charge in court.

Utter rubbish! If the driver had not paid it was up to the
PPC to take the driver to court.
That said, the above only applied if motorists used the system suggested by parking firms, though in many cases it's worth ignoring an unfair ticket because rogue companies often fail to chase you up today, some drivers can use an independent appeals service, Popla (Parking on Private Land Appeals), if they have no success appealing to the parking company first.



Cowboys still at large

The snag with the new system is you can only complain to Popla about the 162 parking firms in the British Parking Association's (BPA) Approved Operator Scheme (AOS) – car parks should display signs to indicate this.
But this means consumers still have very little protection from rogue parking operators. It's unknown how many non-AOS members operate private car parks.

If the PPC is a not a member of the BPA then there is little to worry about for the driver or registered keeper.

An independent adjudicator will review evidence submitted by both the motorist and the operator and determine whether the parking charge should stand or not.

The failure to mention the limited grounds of appeal to POPLA is very poor.

The Popla scheme is run by London Councils, although it is available across England and Wales. Motorists in Scotland and Northern Ireland don't have a private parking appeals service.

People who receive parking tickets on public roads and car parks already have similar appeals services.

It should have been mentioned here how the system works with regards to local authority issued PCN's to make it clear about the differences between LA PCN's and PPC invoices.

Under changes to the BPA's code of practice, AOS members in England and Wales also have to reduce the maximum parking charge from £150 to £100, although operators will be able to charge more than £100 if they can justify the amount.

Clamping ban

Clamping and towing on private land is also banned from today in England and Wales. It's already banned in Scotland, but the new law doesn't apply in Northern Ireland.

There are, however, some exceptions where bylaws give the landowners the ability to clamp and tow. These include railway stations, ports and airports.

More emphasis here that this can only be done if legislation allows them to.

Police and local authorities can still clamp and tow vehicles on private land, while Government agencies such as the Driver and Vehicle Licencing Authority (DVLA) and Vehicle and Operator Services Agency (VOSA) will continue do the same with unroadworthy or untaxed vehicles.

From today, the vehicle owner will be liable for any charges, regardless of whether they were the driver or not. Previously, the driver was liable.

The last paragraph is utterly shocking! The keeper is not liable as this new law will not change the position with regards to contract law.

MSE helen, you should be ashamed of yourself for producing such a shoddy and ill researched article.

HO87

Pincher wrote: »

I would like to know if the ticket issuer has the right to blacken your credit records. Some people pay up under this threat.

We need to make sure they can only do so if they take you to court and prove you are liable.

Manx Red has explained the situation although I understand your concerns. Please don't allow yourself to be sucked in by debt collectors (because such claims are made by DCA's acting on behalf of private parking companies rather than the companies themselves) who make all sorts of extravagant and worrying claims about what they can and can't do to you.

You need to understand that debt collectors have no special powers whatsoever. They have exactly the same powers and authority as you and I and all, ultimately, they can do is to ask you to pay up. Of course they don't want you to know that and dress up their demands in legalese intended to frighten and mislead the ignorant.

That's before we even start debating the legality of the invoice issued by the private parking company in the first place. Do they have sufficient legal interest in the land? Does their invoice amount to a contractual penalty? I could go on.

Lastly, don't be misled by anything in the article above. It needs to be rewritten.

HardWorker2010_2

Perhaps Mr Lewis should be alerted as to the 'quality' of this article which is being put out by his website. It's his reputation for standing up for the consumer that's at stake after all.

trisontana

This is yet another example of "churnalism" - i.e. just reprinting a PR blurb or press statement blindly without checking the facts. Newspapers (especially the Mail and the Express) do this all the time.

rickbonar.

HardWorker2010 wrote: »

Perhaps Mr Lewis should be alerted as to the 'quality' of this article which is being put out by his website. It's his reputation for standing up for the consumer that's at stake after all.

This site has been sold off by Martin Lewis to moneysupermarket.com for £87,000,000

I don't think he gives a fig!