Been fined by a private parking company? Here's how you could get it quashed
A Lincoln lawyer has highlighted a nine year old case which has massive implications for motorists and private parking firms
Paul Whitelam
Not good! (Image: Stoke Sentinel)
Private parking firms may not be legally allowed to fine motorists for breaking the rules, according to a Lincoln-based solicitor.
Brenda Gilligan, from Ringrose Law, has revealed there's a loophole surrounding companies which hire private firms to enforce parking on their sites.
And it means many drivers who are issued with fines for parking on private land might be able to get them quashed.
Brenda says the loophole was highlighted when a private parking company, called Vehicle Control Services Ltd, took a man to court over an unpaid parking charge issued at Wickes in Scunthorpe in 2011.
A parking enforcement van at a petrol station at East Midlands Airport (Image: Derby Telegraph)
A judge in the case ruled Vehicle Control Services could not legitimately fine the driver, because it does not own the land where he parked.
And he suggested to the lawyer representing the parking firm that they should reimburse everyone else who had been fined for improper parking at the site.
District Judge McIlwaine, now a District Judge at Lincoln County Court, told the barrister representing the parking company: "You offer a service to your customer and your service is, 'We enforce parking'.
"That is very well, but then the enforcement that you do is a matter for you and your customer until you issue proceedings and then, once those proceedings are issued, then I must ask where is your right to issue proceedings in your own name for a breach of contract or a trespass upon land which is not owned by you or, indeed, as I can see here, assigned to your specific control?
"If this case was brought by Wickes, I would not be raising the issue, but it is not; it is brought by yourselves, and it would be very helpful to me if you could explain to me where your right to issue proceedings arises in this contract."
The barrister replied that it was "an implied right", but the judge disagreed and ruled that the company had no contractual right to give the man a ticket.
Brenda told Lincolnshire Live the Vehicle Control Services case has implications for every organisation that employs a private company to enforce parking restrictions on their land - as well as any motorist who is fined.
She said: "The law relating to parking is more complicated than might be expected and can be a combination of English law, such as contract law, and the individual terms of the companies running the car parks and issuing penalties.
"The judgment from District Judge McIlwaine highlights some issues that the general public may not think of, such as whether the company trying to enforce the penalty has the right to do so.
Brenda Gilligan (Image: submitted)
"Even the barrister handling this case for the company didn't realise her company didn't have the right to do so.
"The judge did and said "...it seems to me this whole action is ill-founded."
"He not only dismissed the case but suggested in no uncertain terms that the barrister go back and check on how many other cases had been brought illegally as those fined may need to be re-imbursed.
"He said to the barrister: "Not a good day at the office, is it?"
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Here's Brenda's advice on how to stay one step ahead and what you can do if you get a dreaded ticket:
First, try to make sure you won't get a ticket in the first place
Brenda says: "The first thing to make clear is that no-one supports those who deliberately park incorrectly, or try to escape paying proper charges, but there is such a thing as human error and discretion.
"We have probably all been confused as to where we can or can't park in unfamiliar territory, been held up for a few minutes and overstayed or just hadn't realised what the 'rules' were.
"So the first thing to point out is that careful parking in accordance with regulations could avoid a lot of the problems of parking penalties in the first place."
You can appeal (Image: Copyright Unknown)
What to do if you feel you have been wrongly penalised
Brenda says that it may well be worth making an appeal if you're fined by a private parking firm instead of the organisation which owns the land where you parked.
She said: "The main point is that if someone really does feel that they have been treated incorrectly then it can be worth doing some research and presenting a sensibly argued appeal if there are grounds to do so.
"Remember that just because a penalty seems unfair, that does not make it illegal.
"The companies don't always get it right either. But pick your battles."
Could parking attendants help stop people getting fines?
One of the most common complaints about private parking fines is that they're used as a cash cow to make money.
In the case of the man fined at Wickes, he'd parked in the car park and then left the site to go elsewhere, a practice which is often dubbed 'park and walk'.
Brenda says parking firms could do more to help people falling foul of the rules.
She said "The judge wondered why a car park attendant could not have advised the unfortunate man that he could not 'park and walk' rather than wait until he did and then penalise him.
"It is not hard to see why the perception of parking penalties being in reality money-making opportunities for the companies arises."
She added: "Parking companies must do their bit by making sure parking areas are clearly marked with adequate signs of a size that can't be missed, straightforward times to park and fees payable with working pay machines or systems and perhaps even a real human to advise rather than just penalise."
Finally, there is some good news
The British Parking Association says that drivers who accidentally enter the wrong number plate information when paying to park will be exempted from penalties of up to £100.
The BPA also suggests a 10-minute period of grace when the parking time expires before a penalty is issued.