From
The Times (registration required to read article):
Parking tickets issued at railway stations could be rendered invalid because of a legal dispute, The Times has learnt.
The system used to issue tickets in most of Britain’s 1,600 station car parks has ground to a halt after a motorist raised doubts over the legality of the process. An independent appeals panel which hears complaints about tickets has put all cases on hold.
The stand-off centres around the legal basis of railway land and the law used by private parking companies to issue penalties of up to £100. The land is covered by railway bylaws but it is understood that most parking companies use different legal powers when issuing tickets for overstaying under the Protection of Freedoms Act 2012.
The appeals service set up to oversee private parking companies fears that it has no authority to adjudicate on cases involving breaches of bylaws and has ordered operators not to pursue payment while the dispute is resolved. The Department for Communities and Local Government has been asked to clarify the law.
Lawyers believe that the stand-off may call into the question the legal basis for issuing the tickets in the first place, potentially rendering them invalid.
Concerns have been raised about the private parking industry after a sharp rise in the number of tickets handed out. Companies obtained 2.3 million vehicle records from the Driver and Vehicle Licensing Agency in the first six months of this year to pursue motorists for non-payment.
David Carrod, the head of Private Parking Appeals, which fights penalties on behalf of motorists, said: “When the government introduced the Freedoms Act it said there must be recourse to an independent appeals service. If there’s not, then it throws into question the legitimacy of the tickets in the first place.”
Many private parking companies are represented by the British Parking Association. Motorists issued with a ticket by a member of the BPA in England and Wales can appeal to Parking on Private Land Appeals (Popla).
In most cases, companies issue tickets under schedule four of the Protection of Freedoms Act, which means penalties are treated as civil cases. However, railway bylaws have a different legal standing, with refusal to pay fines progressing straight to magistrates’ courts, where motorists can be fined up to £1,000 and get a criminal record.
Popla said that it was taking “longer than anticipated to reach our decision” on whether it has the “authority to look at appeals in respect of alleged breaches of bylaws”.
A government spokesman said: “Denying drivers the right of appeal is an affront to basic principles of fairness and justice. We are urgently looking into the legal complexities of these fines and will respond shortly.”
Q&A
How are station car parks operated?
At least 1,620 stations have car parks. Most are operated by private parking companies. Under legislation introduced in 2012 they are banned from clamping vehicles but can pursue the owner, often threatening to take them to court. Tickets are not “fines” but rather breaches of civil contract.
I’ve had a ticket. What should I do?
Tickets issued under the Protection of Freedoms Act 2012 require parking companies to offer an independent appeal. Members of the British Parking Association allow motorists to appeal to Popla (Parking on Private Land Appeals). An appeal can be made online and must be received by Popla within 28 days of receiving a ticket.
What are my grounds for appeal?
Appeals cannot consider mitigating circumstances such as a train being delayed. You must show that the charge was not issued correctly, such as the number plate recognition camera failed to log you leaving. Another reason involves signage failing to set out terms and conditions.
More detail on the legal aspects and ramifications can be read at the Parking Pranksters blog. Here there are links to various
FOI▸ requests and other documents from the Department for Transport, Driver and Vehicle Licensing Agency, and British Parking Association. In short, it's a bit of a mess.
http://parking-prankster.blogspot.co.uk/2016/12/railway-byelaw-fiaso-warming-up.html
