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What's the issue everyone has with parking tickets?

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Comments

  • Legal frameworks exist under which parking companies can collect charges from drivers and also from registered keepers (excluding Scotland).

    However, it is costly for PPCs to follow them. They cut corners, break the law, and use scare tactics to extract money from people.

    If they don't follow the legal frameworks available to them then they have no right to claim any money is owed to them. Most here are for the rule of law and most PPCs are not.

    The question of morality can only be asked after PPCs adhere to the rule of law. e.g. Is the law itself just? Should it be okay for PPCs to have a legal framework that allows them to charge £100 for parking slightly over a line?
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    The_Deep wrote: »
    It is a bit like clamping, which it has taken over rm, it is legalised extortion, but hopefully not for mush longer, read this


    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

    Become a victim of crime on one of their car parks and they will charge the police for the information they hold on the offenders vehicle.
  • Loadsofchildren123
    Loadsofchildren123 Posts: 2,504 Forumite
    Sixth Anniversary Combo Breaker
    edited 23 August 2018 at 4:51PM
    Deastons wrote: »
    So they're issuing tickets where they shouldn't be? Surely the onus is on the PPC to prove you've done wrong. If they can't prove it, they can't insist you pay the fine. So where's the problem?

    Deastons, the two basic problems are these:


    The MO of the PPC and the amounts they charge.


    The MO:
    The MO is to bully and harass until a driver who has a GOOD reason to expect a pcn to be cancelled pays it. They reject virtually every first layer appeal. If they're a BPA member, you then get to appeal to POPLA. POPLA adjudicators are woefully untrained and apply a reverse burden of proof. They are also not regulated or accountable.
    So eg. a driver says "the signs were badly positioned, not lit, very small, and I couldn't see them", the PPC says "there were plenty of legible signs" and POPLA believes the PPC because the driver has not proved their point. POPLA has no complaints procedure and doesn't consistently apply the correct principles - you can make 5 identical appeals to 5 adjudicators and 1 might succeed but he other 4 get rejected.
    If they aren't a BPA member, but an IPC member, you get to appeal to IAS. IAS is owned by the people who own the IPC. So their interests are firmly in the camp of the PPCs. Virtually all appeals are rejected and it appears that those which succeed are quite literally picked out of a hat so that IAS can say that x% of appeals succeed and give the illusion of giving all appeals proper consideration. They are even less accountable than POPLA.
    After appeals are exhausted, the PPC then goes to different debt collectors, who write on a frequent basis, adding on unjustified (and non-contractual) extra charges which the PPC doesn't actually ever have to pay, and making alarming threats about CCJs and bad credit which lead ordinary folk to believe that if they lose they will have a CCJ and never be able to get a mortgage (which is balderdash, great word eh?).
    Then they start writing letters from solicitors, but they aren't from the solicitors they are actually still from debt collectors.
    Eventually, they instruct solicitors, or take it back in-house, and write a formal Letter Before Claim repeating all the threats, and adding on extra charges for good measure. Then they issue a claim. Then they pursue the claim, even if the driver/RK has a good defence. They run these cases on a shoestring conveyor belt, and don't even seem to read the defences. The court system for small claims is also run on a shoestring and the court doesn't pick up on the fact that the claim is ALWAYS without fail very shoddily drafted. Although people know it's a parking charge, they only really understand the basis of the claim (breach of contract, the contract being offered in the signage) if they find their way here or to a similar self-help forum.
    The point is, the PPC does not weed out the strong defences and give in. They just carry on regardless.
    Some people give in at the start.
    Others ignore and bury their heads
    Others find their way here and start their battle planning very early on.
    Of those who either deliberately don't give in or bury their heads, a percentage of these give in and pay after a few months of threatening letters.
    Of those still in the game, many give up when faced with a court claim, which they find terrifying.
    Of those who have a claim and still don't pay, some defend badly, others just don't turn up at court.
    The PPCs have 6 years to sue, so often they are writing to an old address and people often discover a CCJ they never knew about, for a parking ticket they didn't know about or assumed had been cancelled following appeal/correspondence.
    Even those who prepare for the battle, and battle valiantly all the way to court with a strong defence, the PPCs STILL carry on. Because a percentage of even these folk will give in rather than actually go to court.


    The cases they lose they treat as a loss leader.
    The cases they win cost them more in legal fees than they actually recover. But again a loss leader.


    So that's their MO. Bully, bully, bully.


    Next the charge. My local council charges £50 for a parking ticket, £25 if paid within 14 days. Most PPCs offer £100, discounted to £60/70. There is no justification for these levels of charges.


    Examples:
    The real scourge of PPCs - residential. They get brought in by naïve management companies/committees, who don't realise that all they want to do is make money and that if there is nobody else to ticket then they will ticket residents - eg whose permit has fallen off the windscreen, but which is actually face up on the passenger seat and can quite clearly be seen, or where someone's changed their car and forgotten to register their new one on the white list. They accept no excuses and just carry on indiscriminately.


    PPCs operating in car parks of businesses where drivers can "sign in" on a tablet at reception for free parking. Only the tablet often doesn't work. Even when you can show you were using the gym/pub (or whatever) and explain that it wasn't working and how the manager has told you this is a frequent issue, they say "well you didn't enter your reg on the tablet so we're entitled to £100 off you". And then, as per their MO, they sue.


    Then there are the PPCs whose operatives deliberately photograph cars at an angle to make it appear that there was no permit or P&D ticket. When there was one. You then say "look at my photo, my permit/ticket was right there!" they'll say "well our photos show it wasn't". There was even one case of a driver ticketed because IT WAS SNOWING AND THE SNOW COVERED UP THEIR PERMIT!!!! IIRC there was also one where it was rainy so the permit couldn't be read even though it was correctly displayed.


    Then there are the ANPR tickets, where ANPR, notorious for malfunctioning, misrecords data and the PPC just makes it up or just won't investigate and admit they are wrong. Eg a driver goes to the supermarket on Friday, then goes back on Saturday because they forgot something. ANPR doesn't record them leaving and returning, or the data is there but is not noticed. So they get a ticket telling them their car was there for 30 hours. Even when the driver can show the PPC that they were elsewhere, the PPC still pursues them and sues them.


    Then there are those PPCs who deliberately fake evidence and lie in court about it (eg doctoring APNR data, the example about photos taken from an obscure angle etc).


    I could go on. But I won't. This is about more than just a wilful "I ignored the signs and the terms, but if I can get out of it on a technicality I will".
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 24 August 2018 at 12:18AM
    what a superb summation of this "criminal racket"

    there are also add ons like hospitals, doctors surgeries , primary care trust premises , supermarkets , retail parks , gyms , leisure centres , leisure attractions , faulty ticket machines , predatory tactics , not allowing grace periods , parking bays too small , inadequate signage and poor faded bay markings or no bay markings , tickets that are inadequate for the job , not printed both sides , not sticky , permit issues like introducing new ones and not having expiry dates on the old ones , or not swapping old for new permits , not allowing the disabled more time or suitable adjustments , expecting people to pay by phone even if they dont have one or havent registered one , not allowing people time to pay AFTER the event , like next day etc , having strange times when parking periods end , not giving a full twenty four hours after payment because they have a midnight curfew or 5am finish on paid for tickets

    the list is endless , they dream up new ways to sc@m people on a daily basis , like reducing the time allowed on a car park and catching people out

    not ONE mp spoke out against the new Parking Bill by Sir Greg Knight , all parties are for it , even Scotland ones

    https://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html

    we can only hope that it gets royal assent and is good enough to improve these matters by stopping all these sharp practices

    and as mentioned before, they dont deal with parking issues, they only find ways to extort money from the unwary , its wallet and purse robbery , not parking management !
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    LoadsofChildren - as usual - speaks a lot of sense. Deastons please do read and digest!

    Having said that there is a kernel of truth in the OP. From a residential point of view most ManCos/MAs/freeholders aren't going to introduce a PPC unless there is an ongoing parking infraction - be that by residents or someone from outside the estate. Certainly, other solutions (parking posts when there are allocated spaces for example) should be tried and I do think that there is, in some cases, too quick a jump to the PPC.

    But, also, there is someone out there who thinks it's fine for themselves to "break the rules" as long as their car is parked. I, absolutely, agree that about not being ticketed in your own space but there are other issues. In the last 24 hours on here there are three instances where I've thought "you selfish so and so". Fortunately, some posters (IamEmanresu and UmKomaas spring to mind) do comment strongly on this.

    And, that's where I get more than a bit p""""'d off with PPCs and the current system. Because they have more of an eye for the prize than, as others have said, proper car park management. By getting it wrong (be that signage, process or whatever) , as well as persecuting those who should not be, they allow the proper culprits to get away with it.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP, what PPC do you work for?
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Fergie76 wrote: »
    OP, what PPC do you work for?

    He's a member of the Community Speed Watch, so maybe he's looking to spread his wings.
  • Cornucopia
    Cornucopia Posts: 16,494 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Deastons wrote: »
    I'm not too au fait with the issues with private parking companies. But it seems that people think they don't have to pay the tickets, but then watching things like Can't Pay We'll Take It Away and a recent documentary about parking, the evidence there is that people do have to pay the charges.

    Surely, if you park against the rules (stay too long, don't park within the lines etc.) you deserve the fine?

    I'm not one of the forum experts on private parking, but I do have some knowledge of the overall legal position.

    Your question is fundamentally flawed. It is not possible in UK law for a Company to fine a member of the public. What we are dealing with are alleged breaches of contracts (i.e. the Ts & Cs of the car park) that the landowner wishes to seek recompense for. The basic premise of the law used to be that the recompense involved was literally that - a true measure of the costs incurred by the actions of the driver. Some of these principles are still in flux by virtue of the operational practices of the PPCs, the appeal bodies and by cases that have reached court.

    Elsewhere, the financial services industry works to a fixed maximum of £12 for a letter to a customer indicating that Ts & Cs have been breached. That seems like a rational benchmark for the PPCs to follow, but I'm guessing that if they did that, they would have no business.

    I tend to blame the Government for creating the underlying flaws in legislation that have given rise to the PPCs. In particular, it should have been obvious that a statutory maximum fee for breach of Ts & Cs was required. Also, the regime by which PPCs access DVLA data is wholly flawed and arguably does not meet the basic principles of the DPA.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Fergie76 wrote: »
    OP, what PPC do you work for?

    Unwarranted and unnecessary. See post #41 where OP explains where they were lacking in the experience others on here have gained.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    NeilCr.

    Do you think that part of the problem with residential parking lies in the fact that there just aren't enough allocated parking spaces in the first place? My experience of residential parking is not so much from outside but more from the residents themselves parking permanently in the visitor spaces and effectively gaining a second parking space. I don't see much abuse of the allocated spaces other the occasional tradesperson.

    It does make me wonder if there is really any point in visitor spaces and they could be rented out to the residents that need them as they are using them anyway. Or perhaps there should be more spaces left unallocated that could be rented. Leaving vans at the depot would also save a lot of residential parking problems. There has been an increase in the number of vans in the last few years.

    I can see that it is a complex situation when there are a few selfish residents. Disputes can cause all sorts of problems and have to be declared when the property is sold. That can effect the value of the property.

    If though a PPC is bought in it will result in issues for all the residents rather than just the few.

    Nolite te bast--des carborundorum.
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