The Scottish government is currently deciding whether to raise parking fines from £60 to £100, and many Scots are outraged. But this fine increase applies only to public parking. I think penalty's for parking violations on private land should outrage the UK public even more.
"If you park on private land without permission (or stay longer than you paid for, for example, in a shop car park), you might get sent a notice telling you to pay a parking fine," explains adviceguide.org sponsored by the Citizen Advice Bureau.
"This might look like an official fixed penalty but it isn't one," the site continues. "It's a notice that they intend to take you to court for trespassing, and will offer to let you pay some money to settle the case out of court. This isn't a criminal matter."
Part of the problem may be a confusion between public and private parking penalties, and some private parking companies are taking advantage of this confusion.
"Private car parks certainly do make penalty charges - it is unregulated activity and is a bit of a scam," explains Paul Watters, Head of Public Affairs of the UK's Automobile Association. "It's considered a private matter - civil law - a contract you enter into by seeing signs when you enter a private car park. Penalties can be up to £120."
"Our general view is that the punishment should fit the crime and often it is way in excess of that – especially in private car parks," Watters adds.
"It's not the ability of private companies to issue tickets in itself that's a problem, more the almost entirely unregulated, unstructured system which puts unnecessary power in potentially unscrupulous hands," says Martin Lewis on MoneySavingExpert.com. "Even where the company whose land your parking on is legitimate, often they employ third-party management firms to run their car parks, with apparently little scrutiny of their methods."
While there is currently no independent appeal process for parking fines on private land, the UK government is considering a parking appeals panel – which did not make it into the recent Crime and Security Bill. There has been some progress, however, because the bill now requires licensing for clamping companies operating on private land. Progress, but not enough.
"While there is a clear need for parking enforcement on private land to deter unsociable parking, it is vital that operators are working in a reasonable and transparent manner, which is what these measures will deliver," says Patrick Troy, Chief Executive of the BPA.
"We look forward to working with the next government to implement a robust appeals process that will guarantee a fair and straight-forward channel for the motorist and the operator alike," Troy adds. "We are, however, disappointed that the Act does not go further and introduce an appeals service for the whole sector including companies who ticket unfairly."
Let's see some more outrage out there!
Pete Goldin
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