Car parking f irms resist plan for £60 cap on f ines

BRITAIN’S private parking industry is refusing to back calls for a law banning them from charging fines of more than £60.

The Scottish Daily Mail revealed this week that the Scottish Government is to announce an overhaul of private parking that could include a cap on fines to bring them in line with councils.

But the leading body for the UK private parking industry yesterday refused to support a cap, saying the Supreme Court has previously ruled that higher charges were not unfair.

Campaigners last night branded this stance ‘disappointing’ and urged ministers to bring in a cap that is fair to motorists and operators.

The British Parking Association (BPA) said it would support two of the key proposals being considered by ministers – a single code of practice for operators and an independent and free appeals process.

But it said in a statement: ‘We do not set the level of the parking charge, although it’s worth noting that none of our Approved Operator Scheme members charge more than £100 and the majority are £85 or lower.

‘There are also discounts for early payment of at least 40 per cent, so most parking charges are around £50. The Supreme Court in the case of Beavis vs Parking Eye concluded the charge was not unfair or unconscionable.’

But some parking firms make large sums from fines, with Smart Parking deriving three-quarters of its income from them. Ministers are considering a cap on fines that could bring them in line with local authorities, which currently charge £60. But a spokesman for the BPA said it was ‘up to the courts and markets to decide’ the level of fines that could be charged.

The spokesman insisted the BPA has ‘championed the need for better regulation’ of the private parking sector, adding: ‘We continue to call for a standard-setting body overseeing a single code of practice to give Scottish motorists a fair deal when dealing with parking operators.

‘We are leading calls to encourage the Scottish Government to legislate for keeper liability, as there is in England and Wales. In its absence, we are looking at other options to deliver an independent and free appeals process for Scottish motorists.’

Earlier this week, Conservative MSP Murdo Fraser, who has campaigned for more regulation of the industry, announced he had agreed to halt his proposed private members’ Bill after receiving an assurance that his key demands would be dealt with in the Transport (Scotland) Bill, which is due to begin its progress through parliament within weeks. He had proposed a cap on fines to bring them into line with councils, a fully independent appeals system to deal with disputes, and new rules on signage.

Mr Fraser said: ‘It is disappointing, but perhaps not surprising, that those running car parks feel there should be no cap on penalties. I do believe that there is a problem with excessive penalty charges.

‘I have had hundreds of cases brought to me where individuals are charged £160 for a minor infringement, which on any level is an excessive amount.’

A Transport Scotland spokesman said: ‘The Scottish Government is working with our UK counterparts, the parking industry and other stakeholders on the Parking (Code of Practice) Bill, which seeks to regulate the private parking industry.’

‘£160 for minor infringement’

IT comes as no surprise that the private parking industry does not like the idea of a £60 cap on the fines it slaps on motorists.

Any unsuspecting driver who has been hit with a fine, often for a simple mistake or for breaking rules they didn’t know even existed, will know how ruthless these firms can be.

Hundreds of fed-up drivers have contacted campaigners and this newspaper to tell of their battles with the parking giants who clobber them with eye-watering charges of up to £160. Among them are people who have made honest mistakes like typing a zero from their registration plate instead of an ‘O’ into the confusing payment machines, or overstayed their allotted time by a matter of seconds. One company, Smart Parking, rakes in three-quarters of its total revenue from punitive fines.

Conservative MSP Murdo Fraser has been fighting to curb the parking pirates after being bombarded with horror stories from constituents about how they have been treated. He won a victory when he received a commitment from Transport Secretary Michael Matheson that his private members’ Bill would now be addressed within government legislation.

The British Parking Association supports Mr Fraser’s call for a mandatory code of practice on operators and an independent appeals body, but there could be a large dose of self-interest involved, as an independent appeals system would make their fines appear more legitimate and make drivers more likely to pay up without them having to turn to the courts.

And why hasn’t the industry been willing to stamp out dubious practices before now? If it were genuinely willing to accept the need to change, the BPA would support capping fines at £60, in line with the approach taken by Scottish councils.

It’s over to Mr Matheson now. He must ignore self-interested industry lobbying and ensure that he delivers for Scottish motorists.