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How to challenge and appeal a private PCN

How to fight Parking Charge Notices

Parking tickets are the bane of every driver’s life. Many of us who drive have fallen victim to them at some time or other. And most of the time they are fair. But at times they are downright wrong.

old fashioned parking meters

What is a private parking ticket?

Private parking tickets – known as Parking Charge Notices (PCNs) – aren’t actually tickets or fines, they are invoices. They are sending you a notice for what they see as a breach of contract.

The process for appealing a council issued parking ticket differs to that of a private firm. See How to appeal a council parking ticket.

The Protection of Freedoms Act 2012 bans clamping and towing in England and Wales and it has been banned since 1992 in Scotland. Clamping is still allowed on private land in Northern Ireland.

(Clamping is still allowed under certain some circumstances in England, Scotland and Wales because sometimes Government agencies, e.g. DVLA, police and local authorities sub contract. Also they may be used where bylaws are in place, such as at stations.)

Given that clamping is allowed in certain circumstances, don’t remove the clamp, as you could be charged with criminal damage to add to your woes!

DVLA and parking tickets

The Driver and Vehicle Licensing Agency (DVLA) is complicit in the parking shark business. It permits access to its car owner database for members of the International Parking Community (IPC) and British Parking Association (BPA). This allows companies to write to car owners about alleged “debts” for parking.

Is this simply a money making exercise for the DVLA? The latest Which? research shows that the 10 major private parking companies operating in Britain revoked at least 33 per cent of the 14.7 million charges they issued in the last four years and that the majority of people pay up after being harassed. This figure for wrongly applied charges is huge. If the DVLA refused to give out these details, motorists would rightly escape being wrongly charged millions of pounds a year!

A spokesperson for the DVLA said that the fees they charge are merely to recover costs and that it has robust procedures in place to ensure data sharing activities comply with data protection law, specifically “Regulation 27 of The Road Vehicles (Registration and Licensing) Regulations 2002 allows vehicle keeper details to be disclosed to third parties in various circumstances.” Their statement goes on to say that “Local Authorities and Private Landowners would have great difficulty in applying parking restrictions if there was no way of following up alleged breaches.”

Challenging a private parking invoice

It would appear that many of the companies in this sector have one simple business model: Grind people down, ignore evidence and just keep going until people pay up.

Do not stand for it! Here are some tips for how to protect yourself and how to complain if you receive an incorrect charge.

1) Keep evidence of payment. All of it! The actual payment, so screenshot a payment acknowledgement, the bank transfer/credit card statement etc. Keep the receipt.

2) The firm sending you the charge usually won’t be the landowner, so you could also write to the landowner. So, for example, if the landowner is a supermarket you could try a two prong attack and write to the manager of the store as well as to the parking firm.

3) You can appeal on a number of things. In the example I used in my article for This Is Money, the defence was the parking had already been paid! Other possible defences include: poor signage (take photos as evidence), broken pay and display machine (again take photo at the time with date and time shown), you broke down, there was an emergency or that the car owner details recorded are incorrect.

4) When the charge comes from the company, follow their appeals process. This will usually be an appeal internally. Then, if they are a member of either the BPA or IPC, you can appeal to one of those organisations.

5) If the firm is not a member, it cannot get your details from the DVLA which means they can’t take you to court if you don’t pay! Don’t write to the firm, as it will then have the address details it needs to pursue you.

Parking (Code of Practice) Act 2019

On 7 February 2022 the Government announced changes to the regulations covering private parking firms. By the end of 2023 private parking operators in England, Scotland and Wales must have new measures in place. These include:

• Terms & Conditions must be clearly displayed.

• For car parks where CCTV and number recognition is used you may leave within 5 minutes not having parked and won’t be charged.

• You will have 10 minutes leeway before the parking company can issue a late charge.

• In England outside of London and in Wales, most parking charges will be capped at £50. Currently, companies can charge up to £100. There will be exceptions, such as if you abuse Blue Badge bays or trespass on private land.

• 50% discount if you pay within 14 days.

• Companies will not be allowed to increase a charge for late payment.

• Parking charge debt collectors will be banned from adding excess fees to the parking charge, currently as much as £70.

• Parking companies will be banned from using aggressive or pseudo-legal language to intimidate motorists into paying fines.

New, simpler appeals procedure, which will make it easier to appeal and get the ticket fully cancelled if you:

• have a mitigating reason for overstaying, such as breaking down
• made a genuine error, such as keying in a digit from your number plate incorrectly
• have a Blue Badge, valid ticket or permit but didn’t display it correctly,

This is an edited and updated version of a much longer piece I wrote for my This Is Money Column. Watch out, there’s a parking shark about: The CONSUMER FIGHTBACK column on how to appeal an unfair private parking ticket.

Further help with complaining effectively

 

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Holidays and transport Latest News Press releases Topical Transport

Passenger treatment to be fairer under Government proposals

Will changes bring fairer system for airline passengers?

The Government is proposing changes to the current EU Denied Boarding Regulations (EC261). Aviation Consumer Policy Reform consultation.  These regulations, in place since February 2005, entitle passengers to significant rights if their flight is delayed, cancelled or they are denied boarding. Travellers are entitled to fixed amounts, depending on the length of the flight and delay or cancellation.

The Government proposes to change this to allow claims for compensation based on the length of the flight delay and linked to the cost of travel. Currently this varies from 2 hours late for trips up to 1500km up to 4 or more hours late trips over 3,500km. Rates range from 125 Euros up to 600 Euros.

I believe the current system buys into the ‘compensation culture’. Genuine redress and goodwill gestures should be proportional to the amount spent but the current regulations do not take this into account and therefore low cost airlines are hardest hit. A fairer system for both business and consumers has to be a good thing. Although it may save airlines money the devil will be in the detail of any changes. Increases would risk increases in fares. It looks set to be percentages in line with rail and ferries. But the savings the airline make need to be spent on improvements for consumers not line the pockets of the airline shareholders.

ADR in the airline sector

The Government is also considering making Alternative Dispute Resolution (ADR) mandatory for airlines. Currently there are two voluntary schemes in the airline sector. Consumers can take a complaint to an ADR provider and the company is bound by the decision, although the consumer isn’t.

Consumer bodies such as Which? have been calling for ADR in the airline sector to be mandatory for some years. In the CAA consultation on ADR in October 2020 Which? said

“… the CAA must ensure it makes the existing ADR schemes work better for passengers. The regulator should step up scrutiny of existing ADR bodies, and ensure greater transparency for the complaints handling process. It must also improve its requirements for data reporting and encourage airlines to act on their complaints data.”

Both Which? and I have previously recommended that the ADR provider be an ombudsman as this is appointed and monitored to a higher standard than other ADR provider schemes. (See Further information about ADR below.)

Airline Travel Assistance

There are also proposals to improve the travel experience for disabled travellers including by ensuring that travel assistance is always free and removing charges for wheelchairs and mobility equipment. I welcomed the proposed changes, saying that in general the proposals will bring greater equality to all travellers.

Further information about ADR

See More Ombudsman Omnishambles: The UK ADR landscape 20 months on… by Helen Dewdney and Marcus Williamson. February 2018 and Appendix J. This is an extract from the minutes of the Ombudsman Association Executive Committee meeting, 5 May 2017 that demonstrates how the standards required to be an ombudsman are higher than for other ADR providers.

For more information on  see ADR research, articles, investigations, consultation responses and reports. over the last 7 years.

CAA launches consultation and tells no-one… consultation into ADR. CAA hadn’t informed stakeholders.

Help with holiday/airline complaints

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How best to book and complain about holidays/flights/travel

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Top 20 Tips How to complain effectively

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If you need more help, information and tips with how to quote Acts, template letters and advice on how to complain effectively don’t forget the GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

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101 Habits of an Effective Complainer provides you with more tips

 

 

 

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