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Private parking firms under fire over tickets
Parking penalties are still ruffling feathers across West Yorkshire, but now it is the private operators who are coming under fire. SOPHIE HAZAN investigates
Parking is an issue that drives most of us around the bend – has become the second biggest gripe reported to Consumerwatch after car repairs.
Traditionally it was the uniformed local authority warden who came under fire from drivers, but in recent weeks you have been telling us that it is the plainclothed wardens operating private car parks who get you really wound up.
In particular Leeds-based UKCPS that manages St Michael's Court on Shire Oak Street in Headingley has been locking horns with locals up in arms over the way they have been ticketing in the village.
So Consumerwatch has brought you a guide to your rights when parking on highways, local authority sites and private land.
Where You Can Park
Motorists are free to park any time where parking is unrestricted – that is no lines or signs saying otherwise. But you could still get into trouble if you block a drive or entrance.
Parking bays are often outlined by a dashed white line on the road, accompanied by a time limits sign. While these can be free of charge, for short periods, there will probably be a restriction on returning to the space.
Pay and display areas require you buy and display a ticket. There will be a machine close by and a sign outlining the rules. Park in the outlined space, and display the ticket clearly.
Where Not to Park
Double red lines – no stopping at any time, not even to drop off or pick up
Double Yellow Lines – no parking at any time, but loading may be permitted.
Single Yellow Lines – restricted parking at certain times of the day. There should be a sign with full details of the restricted period. There may be exceptions in place, such as for blue badge holders and for loading only.
Loading
Loading and unloading of heavy goods for commercial and non-commercial vehicles are usually allowed on a yellow line as long as the vehicle is parked safely and is moved to a permitted parking space once completed.
Dedicated loading spaces are often marked by yellow lines on the curb. There will usually be a sign to show whether it is no loading at any time or permitted during certain hours.
Parking Fines
Penalty charge notices (PCNs) are issued by traffic wardens on behalf of the local authority. Your car may even be clamped or towed.
Currently in Leeds PCNs are 70 (35 within 14 days) or 50 (25) depending on the offence. You have to pay within a certain time. If you exceed this the fine is likely to increase.
Non-payment could eventually result in a court summons. If you feel you should not have been ticketed appeal in writing immediately.
If your car is towed you are likely to be charged more than 100 and will not get your vehicle back until you have paid up.
Private car parks
Parking on private land is illegal unless you have permission from the landowner.
Private parking is governed by contract law. A land owner or manager must post its terms and conditions clearly by the land before it can take action.
Appealing
Most parking ticket appeals are successful.
If you think a ticket was unfairly issued, collect as much evidence at the scene (such as photos) as you can. Once a ticket has been issued, the parking attendant or warden cannot reverse it – so you will need to appeal.
Local authority car parks
Your first appeal should be in writing to the local authority. If this fails you can contact the Traffic Penalty Tribunal. For more information go to www.trafficpenalty tribunal.gov.uk or call 0161 242 5252.
Private car parks
You may need to contact the company to establish their appeals procedure, and details of how to appeal should be found on the back of the ticket, and/or in paperwork sent to you.
It may also be worth writing to the company/individuals that own the land (who may have contracted out the operation of enforcing the parking).
There is no adjudication service that you can take your case to. Your only recourse is through the operator themselves. As a last resort, you can contact a solicitor.
Alternatively contact the Citizens Advice Bureau for advice.
Members of the British Parking Association found to break its Code of Conduct can be reported. Complaints about private car park firms can also be reported to West Yorkshire Trading Standards. Call Consumer Direct on 08454 04 05 06.
'75 parking charge illegal'
A parking firm is to be investigated after motorists were each hit with a 75 parking charge they claim is illegal.
A group of drivers told Consumerwatch that car park management firm UKCPS has been operating outside the rules with regards to a small stretch of road on Shire Oak Street in Headingley, Leeds.
The road is unadopted giving residents living there a right of access and a right to park.
And until a few days ago there was no sign distinguishing any part as private.
Yet since April UKCPS, brought in by St Michael's Court LLP – a limited liability partnership of three companies who own office buildings and land there – has been policing a short stretch of that road.
This part of road comfortably allows two vehicles to park nose-to-nose. Anyone who parks there without a permit is issued with a 75 parking charge.
Until a few weeks ago, there was no sign pre-warning motorists about the charge – a breach of the British Parking Association Code of Conduct.
A landlord, workman, a number of estate agents, dentist and Coun Martin Hamilton (Lib Dem, Headingley) have all been caught out at this spot.
Several have taken photographs showing that there was no sign when they parked. Some, including workman Graham Jarrett and land lord Surjit Singh, have refused to pay the charge.
Mr Singh said that the charge is not enforceable without clear signage.
BPA is now investigating member UKCPS, after Consumerwatch pointed this out on behalf of the disgruntled drivers. The BPA was also concerned to learn that the firm's policy demands that motorists pay its parking notice charge in full before an appeal can be considered.
A BPA spokeswoman urged motorists to get in touch with evidence backing up the claims.
Kenneth Moreton is co-director of car park company YorParks, which is one of the owners of St Michael's Court LLP. He said: "We have had meetings to make sure that they (UKCPS] only ticket people on our land.
"If the situation has altered, as we are not there on a day to day basis, we will put a stop to it immediately."
UKCPS also manages 60 clearly marked private parking spaces for St Michael's Court.
The site has been empty since BT moved out at the end of its lease n March. A sign has since been erected on Shire Oak Street at the section in question.
UKCPS manager Jim Whitehead said that the company has been the victim of "entrapment."
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