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Gerald Swaby: How drivers can put the brake on parking clampdowns
PARKING problems are among the biggest bugbears for motorists and there can be few of us who have not fallen foul of regulations at some stage.
Today, there are many different organisations that can issue parking notices.
Traditionally, it fell to traffic wardens to enforce on-street parking. If a person wished to challenge these tickets, they would have to appear before the magistrates' courts.
More recently, the duties of monitoring on-street parking have fallen to councils. Tickets issued by a patrolling officer can be appealed to the council and, if it is unresolved, to a parking adjudicator.
But this does not address the problems for those who park on private land. Landowners, such as supermarkets, have to balance the needs of genuine customers from those who overstay, park in the wrong bay, or park and go elsewhere.
These vehicles could be clamped or worse, but it is not always appropriate as these can keep people on the land longer than is necessary and so affixing a ticket to a windscreen is becoming an efficient way to manage private car parking.
Generally, all companies issuing tickets should be registered with the British Parking Association and be signatories to their code of conduct. The code is not legally binding, but any non-compliance by the parking company can be taken into account during any court proceedings.
The code requires that parking enforcement should only take place where there are clear and adequate signs, in simple and unambiguous language, cleaned and maintained regularly, visible from all of the area concerned and at all times.
But, most importantly, all signs should:
n Say that the land is private property;
n Warn that if the vehicle is parked without authorisation, then parking enforcement may take place at any time, or during certain hours;
n Indicate the type of parking enforcement, eg, a ticket with the maximum fees payable and that the DVLA will be contacted for the keeper's details.
n Finally, the parking company's address and landline phone number should be available
for enquiries or complaints to
be made.
Upon receiving a ticket, they may often be accompanied by choice words, but these alone
will not resolve the issue, nor
will remonstrating with the
patrol officer; having a good attitude and being polite may assist, especially if the ticket has not yet been issued.
Court proceedings can often be avoided by paying a reduced amount early as this can be treated as settling the issue. Many people are often scared by the threat of court action, but these cases are settled in the small claims courts that do not have the formalities that many would have seen from the TV, and both claimants and defendants often represent themselves as it is difficult to recover legal costs.
For a parking ticket to be valid, the following points have to be addressed:
n The parking company has to prove who was driving the vehicle and that there was a contract with the driver. This can be done by photographic evidence, but in general this differs from the criminal law as there is no duty to provide this information.
n The parking company has to prove that the visibility and wording of the signage is reasonable for it to be included in the contract. Thus a person should be able to see the notice explaining the terms and conditions before they enter the car park or at the place where the car is parked.
n The parking company has to prove that the charge stated on the notice is reasonable and not a penalty, because English contract law does not allow one person to punish another.
Ultimately, the problem of parking is not one that is going to go away. Most parking association companies are responsible, but as a matter of good practice it is better to write to the companies and keep copies of all correspondence, or make notes with times and dates, recording notes of any conversations.
Motorists may win their case, but companies, too, have had success in justifying their charges.
Some drivers may have paid the ticket incorrectly when choosing to settle the case early. If drivers believe that they should not have to pay the charge, or have paid it incorrectly, they should always seek legal advice. Free legal advice lines are often available through household or car insurance policies or by consulting a solicitor or other legal services providers.
In short, this area has as much potential to clog up the legal system as the reclaiming of bank charges has done. But the landowner will always need the right to decide who should and should not use their parking facilities and the terms upon which this is done.
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Sunday 12 February 2012
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