Victory for Motorists: MHCLG Caps Parking Charges at £50 (£80 in London) with Mandatory 50% Discount

Coupon-mad

I think they will move onto litter penalties like District Enforcement, who are making a fortune throwing their weight around for Local Authorities who are apparently (according to some published articles complaining about DE) letting DE keep all the money.  They've bigged themselves up as security specialists, given Dyl Kurpil's 'background' and Councils have swallowed it hook, line and sinker. 

Unregulated 'penalties' is what these firms do best.  DE of course also diversified into mooring penalties. 

Other PPCs will probably follow suit and others will copy Wing Parking and try to operate without DVLA data, relying on the British public to hand over data free, in appeals.  

blackdog2220

wing , where they pushed or did they jump ? I seem to recall changss being made and a lot of sites will be no more 

poor poor wing , at least they have moved to the seaside now 

Coupon-mad

Wing Parking jumped and didn't join the IPC but are still operating, without DVLA data. 

They were not banned by the DVLA because I did a FOI from the DVLA to check.

In other news, MSE has picked up on the update from the MHCLG but has failed to point people to this forum board, instead they suggest people look at the awful MSE articles about how to appeal a parking ticket:

https://www.moneysavingexpert.com/news/2021/03/new--single-appeals-service--for-parking-to-launch-next-year/

Someone should give Callum a link to this thread/this forum and point out how much input the forumites and the BMPA have had in the public consultation.  At least the changes will mean the terrible MSE articles will have to be re-written, let's hope they get it right next time on the re-write.

Snakes_Belly

Umkomaas said:

Yacht - For Sale
Bentley - For Sale
Aston Martin - For Sale
Range Rover - For Sale
Gymkhana Ponies - For Sale
WAGS - Leaving
Waitrose Account - Closed
Nearest Kwik Save? 🥴

Oh dear!

And the headlines today regarding a ban on travel abroad are a further nail in the coffin especially for PPC's that operate in airport parking.

Snakes_Belly

Just as a matter of interest how will they justify using Beavis now in current court cases? I know that the CoP is not yet in force but it surely it will have an influence.

When will the Beavis case be history?

bargepole

Snakes_Belly said:

Just as a matter of interest how will they justify using Beavis now in current court cases? I know that the CoP is not yet in force but it surely it will have an influence.

When will the Beavis case be history?

Yes and no.

When a new Act of Parliament comes into force, which overturns previous case law, the Act takes precedence.

The basic principle of the Beavis case will still apply, namely that the PPC does not need to have suffered any loss, but can demonstrate a legitimate interest in enforcing parking conditions. However, the £85 upheld by the Supreme Court is out of the window, superseded by the statutory maximums mandated by the new CoP.

Ironically, the Judgment in Beavis wrongly said that the charge was broadly in line with LA penalties. Once this kicks in, that will become true.

Snakes_Belly

bargepole said:

Snakes_Belly said:

Just as a matter of interest how will they justify using Beavis now in current court cases? I know that the CoP is not yet in force but it surely it will have an influence.

When will the Beavis case be history?

Yes and no.

When a new Act of Parliament comes into force, which overturns previous case law, the Act takes precedence.

The basic principle of the Beavis case will still apply, namely that the PPC does not need to have suffered any loss, but can demonstrate a legitimate interest in enforcing parking conditions. However, the £85 upheld by the Supreme Court is out of the window, superseded by the statutory maximums mandated by the new CoP.

Ironically, the Judgment in Beavis wrongly said that the charge was broadly in line with LA penalties. Once this kicks in, that will become true.

Thank you.

Umkomaas

bargepole said:

Snakes_Belly said:

Just as a matter of interest how will they justify using Beavis now in current court cases? I know that the CoP is not yet in force but it surely it will have an influence.

When will the Beavis case be history?

Yes and no.

When a new Act of Parliament comes into force, which overturns previous case law, the Act takes precedence.

The basic principle of the Beavis case will still apply, namely that the PPC does not need to have suffered any loss, but can demonstrate a legitimate interest in enforcing parking conditions. However, the £85 upheld by the Supreme Court is out of the window, superseded by the statutory maximums mandated by the new CoP.

Ironically, the Judgment in Beavis wrongly said that the charge was broadly in line with LA penalties. Once this kicks in, that will become true.

And this crap from POPLA will end!

While the charge in this instance was £100; this is in the region of the £85 charge decided on by the Supreme Court. 

bargepole

Umkomaas said:

And this crap from POPLA will end!

The new Single Appeals Service has not yet been established, but will be run by a body that is completely independent of the BPA or IPC.

POPLA, currently operated by Ombudsman Services and paid for by the BPA, is unlikely to be involved.

D_P_Dance

I have mixed feelings about Ombudsman Services.  I have taken two cases to them,  (neither parking), one they very rightly awarded to me, the other, quite wrongly, they did not.