The concept of the fine seems fairly simple: the organisation levying the fine is some form of authority, and the person who has to pay the fine has done something illegal. This is, after all, more-or-less what a fine is; a penalty for having done something illegal.
However, according to the RAC Foundation things seem to have started happening the wrong way around. According to the registered charity, millions of pounds are being levied as private parking fines in a way that is, in fact, illegal.
The RAC Foundation was founded as a research-focussed branch of the Royal Automobile Club, but now operates independently of the well-known motoring organisation. In a report, compiled by barrister John de Waal QC, many of the fines levied against motorists that have exceeded time limits when parking on privately-owned car parks would be entirely unenforceable in court. Furthermore, in his report de Waal claimed that the fines levied parking companies are far greater than any actual loss suffered by the owners of the land as a result of motorists overstaying.
As one example, the report pointed to a case in High Wycombe. One motorist was late returning to her vehicle in a car park which charged 20p per hour, and as a result she was landed with a fine of £100. In order to have cost the car park owners the equivalent of the fine through simply occupying a space, the woman would have had to leave her car in place for almost 21 days after her ticket expired.
The report also pointed to the potentially unlawful practice of including “early payment discounts” with parking penalty charges. These, the foundation claimed, could be seen as a “price escalation clause,” which would be illegal under certain European laws. Furthermore, in many car arks the notices informing customers of the penalty for overstaying are not displayed clearly and prominently, and in such cases the fines could be legally challenged on these grounds.
The problem with parking fines really emerged, the foundation said, after the introduction of the Protection of Freedoms Act 2012. This act was designed to combat the activities of rogue clamping firms, and made it illegal to clamp or otherwise immobilise vehicles on private land without lawful authority. However, the RAC Foundation suggests that an unintended consequence of this new law was that private car parks started using the threats of heavy and disproportionate fines as an alternative. These penalty charges are now being applied to those who violate the rules of their “barely regulated” ticketing systems.
According to the report, the illegal nature of many of these finds could mean that countless motorists are entitled to a refund. A case of a contested fine will reach the courtrooms next week, and if the motorist emerges victorious this could establish a precedent and open the door to large sums being repaid to motorists.
