In order for private parking companies to have access to the DVLA keeper details, the company must be a member of an Accredited Trade Association – the British Parking Association Ltd or the Independent Parking Committee – and the company must follow the the association’s Code of Practice.  If the notice to keeper does not conform to the Code of Practice, then the keeper can:
- Complain to the DVLA that the keeper’s data has been released without reasonable cause
- Complain to the  BPA that the parking company in question is not adhering to the Code of Practice
- Add that fact to the appeal to POPLA

With a bit of luck, either of the following will occur:
- the DVLA might write to the company and the company may voluntarily cancel the ticket.
- the BPA might order the company to cancel the ticket.
- the BPA may write the the parking company and the parking company may voluntarily the ticket.
- POPLA might up-hold your appeal on the breach of the CoP, or for other aspects you submitted to Popla.

If none of the above occur, it is possible for a court to rule that you have breached the contract, regardless of the CoP breaches.  So if the parking company is one that is known to take people to court, then you need to consider whether you wish to pay the notice or not.

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Vehicle Control Services – my story

Ronald Ibbotson

Ronld Ibottson recived a £80 parking ticket on his windscreen for £80, apparently because he had left the car park to go shopping elsewhere during the two-hour free parking period.  Mr Ibbotson refused to pay up and was subsequently taken to court by Vehicle Control Services.  He lost and was ordered to pay the £80 plus £42.50 in costs.  Mr Mr Ibbotson then appealed the case and his appeal was heard in the at Scunthorpe County Court on 16th May 201.  Mr Ibbotson’s claim was that VCS didn’t have approval from the landowner to pursue him for a parking, and on the basis that the charge of £80 was unreasonable in that it exceeded the costs incurred by Vehicle Control Services  for his breach.  VCS produced a list of costs it said it incurred because of Mr Ibbotson breach.  THese included costs such as the cost of a parking attendants uniform to which the judge replied “What has a uniform got to do with this Mr Ibottson’s parking? That is a cost to the business, not a cost caused by his parking”.  The judge found in favour of Mr Ibottson and ordered Vehicle Control Services to refund his £80.

Rachael Finn

Vehicle Control Services dragged Rachael Finn to court because she had refused to pay £735 in parking charge notices. Ms Find told the court that Vehicle Control Services had not proved that each breach had cost £100. VCS wanted to include costs CCTV and software systems. But the judge also said that if each one cost £100 to process why ask for £60 initially?  Rachael was awarded £90 for loss of earnings, £1 for petrol – and £4 to pay for parking at court.  Ms Finn said “In total, I probably overstayed by an hour that’s not cost them £735. I just thought, if you want it you will have to fight for it’.”  n Parking expert Phil Hilsden assisted Rachael in court with free advice. Mr Hilsen also runs a parking ticket appeals service for motorists: www.parkingticketappeals.org.uk.

Rita Healey

Rita Healey received two fines in 2012 from Vehicle Control Services at the Eastgate Retail Park after the signs were changed and the free parking period was reduced from 180 minutes to 90 minutes.  She complained that the changes had not been made clear.   In July that the site’s letting agents, Aston Rose, not pursue tickets issued between June 2 and July 8, when the free parking limit at Eastgate was reduced.  However anyone such as Rita Healey who had already paid their fine was told they would not be a refund. Ms Healey had her first fine but had refused to pay the second.  Ms Healey said: “I think Vehicle Control Services should do the honourable thing”.  “A lot of these people are elderly and they paid the fines straight away.  It’s good that they’re not going to be chasing the unpaid fines but people are being penalised for paying on time.

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