From 1 October 2012 a new piece of legislation, the Protection of Freedoms Act, came into force. As well as a clamping and towing ban, it deals with a wide range of issues including reforms of the Criminal Records Check and storage of DNA data. This ban also includes the introduction of keeper liability and the launch of an independent appeals service.
PCN’s issued on private land
Where will this clamping apply?
It is important to note that clamping and towing has not been banned completely. The law states that the clamping ban will only apply in England and Wales wherever there is not ‘lawful authority’. Clamping and vehicle towing on private land has already been banned in Scotland. In Northern Ireland however, the ban does not apply.
What should you do if you receive a parking ticket?
If you receive a parking ticket on private land, you can either pay it, or challenge it. What you choose to do will depend upon whether you think the charge is justified, who issued the ticket, how you feel about challenging it and what may happen if you do. But whatever you do, do not ignore it.
If you park without permission, companies can also charge you for ignoring the landowner’s rights. These are companies that do not manage parking facilities but can penalise you for trespassing on the land.
Challenging a parking ticket
If you feel strongly that you didn’t break the rules or that the rules/signs were not clear, you should challenge a parking ticket. You can also challenge the amount and claim it’s unfair. ATA parking companies have to follow the rules set out in the Protection of Freedoms Act 2012 and comply with their association’s code of practice. The BPA’s code of practice refers to a figure of £100 which is reduced to £60 if paid within 14 days. Find out if the parking company is a member of an accredited trade association as the appeals process will be different.