Archive - Friday, 27 January 2012


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Council chief says: 'Don't pay your fines'

County council leader Keith Mitchell has hit out at private parking enforcement firms.

Keith Mitchell Keith Mitchell

On Monday, the Oxford Mail reported on the anger caused by private parking enforcement outside Royal Mail’s East Oxford delivery office in Littlemore.

Mr Mitchell – whose the council is responsible for enforcing car parking on public highways – said some firms have no basis for demanding money on private land.

The body which represents Britain’s parking sector denied this, saying motorists enter into a contract when they drive into a private car park.

Mr Mitchell said: “What private companies issue is not an official penalty charge notice and I don’t think it has any legal basis.”

UK Parking Control, the company which enforces parking on the Nuffield Industrial Estate off Sandy Lane West, says its charges follow guidelines set out by the British Parking Association (BPA).

A BPA spokesman said: “The majority of tickets issued on private land are done so under the law of contract.

“As a motorist enters a site and decides to leave his vehicle there, he has entered a ‘contract’ with the landowner which is outlined on the signs.

“Any guidance given to simply ignore a parking charge notice would be inadvisable as operators can and will take motorists to court.”

Mr Mitchell said: “If you ignore the fine then nine times out of 10 they go away.”

But he added: “You need a bit of nerve to do it.”


Comments (12)

27/01/12

WitneyGreen says...

He's quite right - in many (but not all) cases, private firms don't have the right to enforce fines. The Consumer Action Group website has lots of information about this.

27/01/12

Thinkingoutloud says...

FUlly afree - don't pay these cowboys anything . Ignore it they have to try to recover the money from the indivdual who broke the contract , that is not the same as the registered owner of the vehicle. They have no way of making you tell them who was driving and they will not take it any further as they cannot prove who they had a contract with!

27/01/12

Dilligaf2010 says...

If you pay nothing, they will have to take you to court, which they won't, because they know it'll cost them a fortune, and they'll lose.
Good for Keith Mitchell, thinking outside the box for a change.

27/01/12

Oxonian says...

As usual, Keith Mitchell has got his facts wrong.

As I understand it, private firms currently have a right to charge for parking if the facts are clearly stated where the driver can see them. This year, the government is supposed to be taking action to regulate private parking firms, but don't hold your breath.

Meanwhile Keith omits to mention that private firms may clamp your car and charge you to have it unclamped. Whether this is illegal or not, it's an unpleasant situation to be in.

27/01/12

Milkbutnosugarplease says...

The bigger question is why you have to go so far to collect a parcel in Littlemore. That dire office serves the whole of Oxford and often has a queue. Parking seems minimal too. Not a first-class service from Royal Mail, I think.

27/01/12

King Joke says...

Cllr Mitchell seems to think it's optional to pay for things depending on whether you agree with it or not, especially parking on private land.

I'll remember that next time I get a Council tax bill, and next time I fancy parking in the car park outside County Hall. Dead handy for the shops it is.

27/01/12

Dilligaf2010 says...

Milkbutnosugarplease wrote:
The bigger question is why you have to go so far to collect a parcel in Littlemore. That dire office serves the whole of Oxford and often has a queue. Parking seems minimal too. Not a first-class service from Royal Mail, I think.
There's also the Sorting Office in Oxpens, so it's not the only one, but I hear where you're coming from.

27/01/12

Thinkingoutloud says...

Oxonian wrote:
As usual, Keith Mitchell has got his facts wrong.

As I understand it, private firms currently have a right to charge for parking if the facts are clearly stated where the driver can see them. This year, the government is supposed to be taking action to regulate private parking firms, but don't hold your breath.

Meanwhile Keith omits to mention that private firms may clamp your car and charge you to have it unclamped. Whether this is illegal or not, it's an unpleasant situation to be in.
They clamp because that way you have to pay to be released. Otherwise they have to prove who entered the car park. Not who owns the vehicle. It is up to them to do all the running on this you do not have to tell them anything. They will not know who entered the car park so will not risk trying to go to court. Remember this NOT a fine, they make it look like a fine and use threatening language in their letters but just ignore it. They have to take you to court for breach of contract so chances of this happening are zero. By all means pay up if you want to but why bother if there is no need to?

27/01/12

Andrew:Oxford says...

Oxonian wrote:
As usual, Keith Mitchell has got his facts wrong.

As I understand it, private firms currently have a right to charge for parking if the facts are clearly stated where the driver can see them. This year, the government is supposed to be taking action to regulate private parking firms, but don't hold your breath.

Meanwhile Keith omits to mention that private firms may clamp your car and charge you to have it unclamped. Whether this is illegal or not, it's an unpleasant situation to be in.
Did you know that private firms, including some based near the Royal Mail collection point also hire Bolt Cutters by the hour?

Also, some private firms will "tow" away a clamped car (on your behalf) and deliver it to your private drive for considerably less than the firm that clamped it in the first place...

28/01/12

MrsPloppy says...

Milkbutnosugarplease wrote:
The bigger question is why you have to go so far to collect a parcel in Littlemore. That dire office serves the whole of Oxford and often has a queue. Parking seems minimal too. Not a first-class service from Royal Mail, I think.
It's called running down the service to prime it for privatisation.

28/01/12

LORD PETE MCVEY OX2 6EG says...

MrsPloppy wrote:
Milkbutnosugarplease wrote:
The bigger question is why you have to go so far to collect a parcel in Littlemore. That dire office serves the whole of Oxford and often has a queue. Parking seems minimal too. Not a first-class service from Royal Mail, I think.
It's called running down the service to prime it for privatisation.
Move to N. Oxford Luv. We have a very nice man just down the road near the ice rink that does ours for us.

28/01/12

DBC says...

There seems to be some confusion here over what is a "parking charge". Nobody objects to paying a fee to park on private land. What private parking companies can't demand is a "penalty" if you break one of their "rules" such as staying too long or having a wheel touching a white line. Under civil law the parking company/landowner can only claim for the actual materiel loss suffered and not some arbitrary "penalty". A recent court case involving Parking Eye demonstrated this fact. The parking company demanded hundreds of pounds. They were only awarded £15 which was the cost of two pay and display tickets.