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Current state of parking fines - April 2024

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I am keen to understand what the current forum understanding is of parking charges being levied by privtae operators 

Previousy I thought these were unenforceable and should be ignored (I read the newbies and stickes thread as well) but I keep seeing parking companies as claimants in central london cause lists where listings are putting on small claims trials for cases to be heard 

I would have thought that would mean that claimants are pretty sure of success to get to this point 

Note this is not just a claim form but an actual small claims trial which means the claim and defence and directions have been sent 

Comments

  • Joey122
    Joey122 Posts: 459 Forumite
    Part of the Furniture Combo Breaker
    You can call them fines / charges or penalties 

    I am aware that any claims are issued each year 

    My question is what the defence is (is it litigated on signs being blurry etc) as the defence of who was driving is no longer permitted 
  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 24 April 2024 at 12:49AM
    You sound like you work for London courts or might be a solicitor?  Debt advisor? Or a Judge?  We had a county court Judge posting here a few years ago.  He said to me that he learned loads from us!  I'm still in touch with him.

    The DLUHC's draft Impact Assessment in 2023 tells you how many parking claims are issued per annum by the main roboclaim culprits:

     https://assets.publishing.service.gov.uk/media/64b6666a0ea2cb001315e47b/Draft_IA_-_Private_Parking_Code_of_Practice_.pdf

    DCB Legal file about 100k boilerplate claims in the county courts per year and almost never go to hearings.  They discontinue AFTER hearings are listed.

    The other main Roboclaim firms tend to let cases go to hearings but we win almost every one we handle here.

    The defence re 'who was driving' is CERTAINLY permitted and remains a guaranteed winning point in a good half of cases.  You seem to be assuming all PPCs use the POFA provisions enabling keeper liability under certain circumstances?

    Nope. In lots of cases there's no keeper liability.

    But unclear signs, 'no landowner authority' and defences where the victim Defendant is a resident with rights/easements to park, are equally common winners.

    As is a Consumer Rights Act 'unfair terms' and 'unfair consumer notices' argument, including lack of prominence of the onerous term.

    And poorly pleaded Particulars. Look.  (many thanks to @Le_Kirk for this link):
    There is also now a link available to Chan only which is persuasive on lower courts.  Hence the copycat judgments above.
     
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    Joey122 said:
    You can call them fines / charges or penalties 

    I am aware that any claims are issued each year 

    My question is what the defence is (is it litigated on signs being blurry etc) as the defence of who was driving is no longer permitted 
    You can call them what you like, but parking charge notices from unregulated private parking companies are not fines.

    The defence can be many things, including inadequate signage (blurry, prohibitive, incapable of forming a contract with a motorists), and the defence of not being the driver is still permitted in cases where the keeper cannot be held liable, (Scotland, NI, not relevant land where byelaws or traffic orders apply, failure to comply with the PoFA 2012). 

    In addition to the defence points mentioned by C-m, there are also defences based on the PPC not being the landowner and not having a contract to issue charges in their own name, The Equality Act 2010, Landlord and Tenant Act 1987, issuing charges on public roads and/or land owned or leased by the motorist themselves, trade association breaches, double-dips, falsifying evidence, ANPR failures, and worryingly, the wrong vehicle and/or wrong defendant.
    I married my cousin. I had to...
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  • Iceweasel
    Iceweasel Posts: 4,882 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Fruitcake is right - they are neither fines nor penalties.
    Only the courts, police, and local councils can issue those.
    Ignorance of the legal situation is why so many folks pay up.
    Your calling them fines simply helps the PPCs to maintain their air of legitimacy and scare people into compliance with their speculative invoices.
    Properly contested the charges fail.
  • Hi Everyone,
    I am completely buried under PCNs and Clean air zone fines. CDER group threatening ot take my car and thats for one clean air zone fine gone out of control.  currently if i pay up which I cannot afford, it sums up to approx £1200. Why have these piled up, carer of ederly and disabled famiiliy members, rely on my car to enable to car for them, working full time.  away from home alot and royal mail dont help the situation. I kept mssing the deadlines and notifiations. Its impossoble to keep up when I have so much else going on.  I am at breaking point!  I struggle to navigate through htese forums and end up hours onthe net trying to find a line of defense or appeal. The TEC dont really help, they lose your applications for appeal and I end up chasing them, the enforcemnet company, the the city council of where the PCN was issued. Hours that I dont have. Any help an dadvice would save me from a breakdown. Literally sinking atm trying to survive with hte cost of living, keeping my job, and caring for family in multiples households. Please help!
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Do you have a High Court Enforcement Order issued against you?  
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 24,602 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You need to start your own thread rather than piggy-backing on an old one from April OR, as you mention City Council and Clean Air, you would be better off on the FTLA site. Go to https://ftla.uk  
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