Private parking companies CANNOT fine you!

Have you ever received a parking fine through your door that is not from a council or local authority?

You don’t have to pay it.

They may look like fines, but they are just cleverly disguised invoices.

Parking companies like to take advantage of people that don’t know the law or may not fully understand it. These companies have no right to charge penalties for unpaid private parking tickets.

NEVER appeal a private parking ticket, you are just wasting your time as it will always be rejected. The private parking industry is unregulated, so just ignore them and they will go away.

The most they would ever be able to claim from you if they ever were successful is the amount you overstayed. (i.e. £1.20 if you overstayed an hour and the car parking charge was £1.20 per hour.)

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Clamping of motor vehicles on private land is a criminal offence Section 54 of Chapter 2 of the Protection of Freedoms Act 2012 and clamping vehicles on public roads is illegal under Regulation 17(3) of the Taking Control of Goods Regulations 2013 when the driver (not necessarily the owner) has not received a statutory Notice of Enforcement, or the vehicle does not belong to the liable person.

It is not illegal to clamp a debtors car parked on his own private land. See Paragraph 211 of the explanatory notes.

It is also illegal for bailiffs to clamp or seize goods not wholly belonging to the debtor, Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

The regulations enable parking companies to ask the driver to pay an unpaid parking charge, but the regulations do not provide for ‘penalties’ or any sums greater than the actual pre-estimate of a loss to the regulated company. If your overstay in a regulated car park cost 30p and the parking company spends a £1 disbursement for sending you a demand then the most that can lawfully be claimed from you is £1.30.

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DVLA fees are subscription based and there is no specific cost to looking up the registered keeper of a vehicle and the parking company will already have this subscription so there are no actual disbursements claimable from the driver under these regulations.

If the parking company is not a member of an Accredited Trade Association (ATA) or does not use Parking on Private Land Appeals (POPLA) service for its appeals then the company is not compliant with regulations, or the company is unregulated and the driver or keeper does not have to pay the ticket.

Here is the Department for Transport official guidance on private parking tickets issued on private land from 01 October 2012.

 

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