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Have you received a Parking Charge Notice (PCN) from a private parking company (PPC), because you parked your car on private land? If so, you are not alone. You are one of thousands of people who have fallen prey to the scandalous extortion racket, perpetrated by private parking companies. They are a pariah! They are no better than highway robbers, school bullies, thugs and crooks. However, their modus operandi is so slick; so carefully conceived, that many people fall foul of them.

Let me give you some facts, before I begin in earnest. Parking Charge Notices are nothing more than invoices. They may look official, with cleverly-worded "legaleze", photographs of your vehicle, ways to pay, and threats, but they are nothing more than an attempt to extort monies from you, because of a claim of breach of contract. The contract you are supposed to have breached is that which they tell you is on their notices, which they assure you are displayed in prominent places at the location where you parked. You are not allowed to see the full terms and conditions of this "contract" (probably because they don't exist). You do not even know with whom you have entered into this "contract". You never signed your name on any piece of paper, or actually agreed to anything. It is assumed that you entered into this contract.

PPCs are extremely clever at what they do. Were they to pursue you for parking where they claim you shouldn't have, this would open them to the possibility that if you appeal, they would have to be fair and reasonable. Under such circumstances, you could perhaps prove you had permission to park, and they would then lose money. However, by claiming a breach of contract - which is what they do -  you lose most opportunities to appeal, and they can then extort money from you far more easily. A claim that you had lost your parking permit (issued to you by the PPC) could also raise revenue for them, because the "contract" is that you must display one of their parking permits in your vehicle. (Don't expect them to be reasonable: they aren't.) They could actually make things even more difficult for you by insisting the permit had to be displayed in a particular location inside your vehicle, or actually affixed to it (rather than being just placed in the windscreen). If the permit were to fall down, or be covered up for some reason, they could also fine you. They could even vary the contract however they want, whenever they want, without giving you notice, simply because it would suit them to do so. Their business isn't to prevent people from parking; it is just to make money - for themselves.

From the moment you receive their invoice (cleverly disguised as an official-looking Parking Charge Notice), you will be subjected to threats of legal action, harassment and bullying. You will be told that they are reasonable, because they "reduce" the charge, if you pay them early, but they will increase it if you delay or appeal. These tactics are all designed to extort monies from you as easily - and cheaply to them - as is possible. They are not interested in you; they are not prepared to listen to reason; they simply want your money. They want to instil fear, in order that you pay up without making a fuss - and without realising the facts.

The first thing you will know is either when you return to your vehicle and find a notice stuck to the windscreen, or you receive a "PCN" through the post, trying to make you think it is from an official source (it is made to closely resemble an official Penalty Charge Notice, usually issued by a Local Authority). Do not be afraid. Do not pay them. Once you have paid, it is very difficult to get your money back; you would have to take them to court.

1.             As soon as you receive a PCN, get help - immediately - (see below).

2.            Do not pay the fine.

3.            Unless you have proof that a notice was not displayed, do not appeal.

4.            Admit nothing.

5.            Do not try to speak to the PPC or any of their agents.

6.            If you have already received a Court Summons, get help - immediately.

In the case of a postal notification, you might be surprised at how they managed to get hold of your private details. The answer to that is simple: the DVLA happily gives it to them - for a fee, of course. In flagrant breach of Data Protection legislation, the DVLA will give your details out to a PPC if it is a member of a "Trade Body". The DVLA makes money from doing so. They are supposed to protect your data, but because money is all important to them, they totally ignore the law, and hand over your private details to anyone who claims to be "legitimate". You have not committed a crime. You have done nothing whatsoever to warrant this. However, because, as yet, nobody has challenged this behaviour in a court, the DVLA continues to pass on your information with impunity. It is all about money - your money. The number of organisations joining a "Trade Body" is increasing, and thus so is the number of people who can access your private data.

This fact alone is extremely worrying, as it could set a dangerous precedent, whereby any government organisation could determine that they have a right to share your private information with anyone they deem appropriate, for the payment of a fee. It staggers me that this is both allowed and ignored by those who are supposed to be monitoring and enforcing the protection of our private information.

However, whatever the DVLA claim, under the terms of the Data Protection Act, there can be no release of personal data that is used solely for the pursuance of alleged civil parking debts, which is the only reason private parking companies ask for it. Thus, information is being unlawfully released by the DVLA to PPCs in direct contravention of the Data Protection Act 1998 and 2018. The use of illegally obtained data can never be a valid reason for expecting to gain advantage in a court of law. One cannot break the law in order to ‘uphold’ it.

Notice the careful wording of the PCN: it is designed to make you believe it is official and carries authority. They state "You are required to pay.... within 28 days." Required by whom? Notice, too, the deliberate de-personalisation of their communications. They don't see you as a human being. They only see you as a way for them to make easy money. The fact that they will pursue you - despite protestations, appeals, and also any legal information you may send them - shows just how evil and despicable they are.

Nowhere on the PCN does it state that it is merely an invoice. It also does not provide a copy of the exact and entire terms and conditions of the contract you are supposed to have entered into and thus broken. Nor does it provide any information proving that they are acting with the authority of the landowner, or even who is the landowner. The PCN merely states that they are authorised by the landowner. However, you have no proof of this - and they won't provide it. (If they were to provide this information, it would make it easier for you to appeal to the landowner. The cowardly extortionist PPCs don't want this, because the landowner might intervene in your favour. It is also possible that this would reveal that their actions are fraudulent, if it transpires that they have no agreement with the landowner).

Your defence against the extortionists

Many people, not understanding the legalities surrounding PCNs, and because they fear legal action, or because they just don't have the time or inclination to fight these pernicious extortionists, simply pay the money and forget that they have just been robbed. Such is the power of the fear created by these crooks, that most people take the easy option and give in. This is exactly what they want you to do. It means they rob you of £60 - or whatever amount they deem appropriate - for doing absolutely nothing whatsoever. It's easy money for them. However, if people don't pay; if the victims do a little research, and refuse to give in to these racketeers, we could soon drive them out of business (or, at least, give them a "bloody nose"). The motorist is, unfortunately, an "easy prey".

Check first

Before doing anything else, check very carefully to see if the PCN (disguised invoice) you have received is factually accurate. Things like your name, the car details, the address of where your vehicle was allegedly photographed; anything that is what is known as a "technicality". The PCN is carefully worded in order to trap you into thinking that, if you don't do as the extortionists tell you, you will be breaking the law. Don't be fooled. Do not feel optimistic if you find they have made a "technical error". They will dismiss this easily. However, it may assist you if the matter ends up in court. Whoever is providing them with legal information is probably a nobody, merely "copying and pasting" a pre-prepared script, in response to your defence. They are well-versed in what they do, and have set up this racket very carefully; they know the tricks and they also know you don't know your rights. The other major issue regarding communication is, because you aren't corresponding with an actual human being, who reads and takes notice of what you tell them, you are unlikely to receive anything other than an automated response. Such is the nature of these pernicious companies, they know exactly how to scare you. Your only defence against them is to know the law.

You don't have to engage with them. It is up to you. However, if you don't, they will continue to harass you, until eventually they will very likely take you to court. If you do nothing at that point, you will almost certainly lose. What you must do is seek professional help. I will provide you with where to seek that, further on.

Do not give out your telephone number. Do not give out your email address. Do not give out anything that might make it easier for the PPCs or their agents to harass and/or intimidate you. They are totally unscrupulous; they have no feelings for you, other than how to take your money.

The Appeal

The PPC is required to provide you with an appeal's process. You must firstly appeal to them directly. Do not be surprised when you are turned down. They also set the rules. They have no compassion; they are not reasonable people; they are rogues, bullies and extortionists. Their internal appeals system is stacked against you, because they are certain you don't know the law. Notice how, on the PCN, they usually state that retrospective permission to park is not sufficient grounds to appeal. In point of fact, because of the way their "scam" works, whether or not you were given permission at all is irrelevant.  The cynical addition of this statement is solely designed to make you think you may have your appeal upheld, if you can prove you had been given permission in advance. You are being fined for breach of contract, not because of where you parked. They are fully aware of this, but if they trick you into thinking you stand a chance, this gives them an opportunity to increase their penalty, thus making them more money. They are evil and greedy. They rely upon your ignorance of the law, to make their ill-gotten gain. However, here again, their deceitfulness may be their downfall: dishonestly making a false representation you know is, or might be, untrue or misleading, with the intent to make gain for yourself or another, is a criminal offence contrary to section 2 of the Fraud Act 2006.

They will turn you down for almost any reason they want. It is not in their interests to grant your appeal. Bear in mind that as soon as you start their appeals process, they begin increasing the amount they will try to take from you. And they purport to be reasonable!

If you believe you have grounds for appeal on a technicality, do not be fooled into admitting anything before you have used this as your first line of attack. Admit nothing. Merely state that their information is factually inaccurate, and let them come back to you. Remember, though; they are extremely tenacious, and continually rely on your ignorance of the law. Their systems are mainly automated, and it is doubtful as to whether any person actually reads your correspondence. They "cut and paste" their impersonal replies, because they are well versed in how to confuse you; they evidently have a computerised system, that copes with almost every eventuality regarding your appeal. They may agree that you were parked legitimately, in the correct parking bay, but it will still not sway them; they want your money. Their automated systems maximise their profits. So far as they are concerned, they believe they have the law on their side, and that you couldn't possibly know your rights. Their systems are poorly conceived, prone to inaccuracies, impersonal and made to look as official as possible. Unless you know the law (which is what they are hoping you don't), you may well fall into their trap, and allow them the extra opportunity to pursue you.

To access the DVLA data, parking companies must sign up to the KADOE (Keeper at Date of Event) contract. The KADOE contract allows the parking company to retrieve keeper data electronically for what is claimed to be the “reasonable cause of seeking recovery of unpaid parking charges”. (Although this still goes against GDPR legislation). However, the KADOE contract attaches several conditions to the access, including:
That the parking company seeks recovery in accordance with the Accredited Trade Association Code of Practice
That the parking company seeks recovery from:
The driver, or The keeper if the procedure in Schedule 4 of the Protection of Freedoms Act is used
The data is only used in relation to the particular date, event, and purpose it was requested, and must not be re-used for other dates, events, and purposes
That before making each request, the parking company has gathered evidence to demonstrate it has reasonable cause to request the data
That before relying on any item of data retrieved, that it matches the information in the request (e.g. the model, type, and colour of car match), and shall not seek to recover payment where it does not

The parking company must also abide by the OFT Debt Collection Guidance.

Beware: these people are unscrupulous. They will do whatever they can to fool you into thinking they can act with impunity. For instance, if they make a mistake in identifying your vehicle (a technicality), they will claim it is a mere typographical error, and "brush it off" as being unimportant. Of course, the IAS and their so-called "adjudicators" will ignore this, because they merely send an automated response, rather than actually checking the facts. However, this is unacceptable, because it still puts them in breach of KADOE.

Be armed. Do some research. Get help!

If you have already started the appeals process, and if it fails (as it almost certainly will), you have the right to have it considered by The Independent Appeals Service, who can then refer it on to a supposed "Independent Adjudicator". Frankly, don't waste your time going through this process. Doing so is a total waste of time. Most people approach the IAS in the mistaken belief that they are going to be fair. People make their appeals because they genuinely believe that the penalty that has been charged is unfair and unreasonable, and they seek justice. The IAS is not interested in reason or fairness, they are also not interested in accuracy; they don't take into account "technicalities". They appear only to want you to give in to the bullies. They are yet another step in this process, designed to make it appear legitimate, and to ensure you pay without questioning. The IAS say they are "legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles." They also state that they are "bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances." This, unfortunately, is a fundamental flaw in their service, and which is eagerly exploited by the PPCs. The only way the IAS will find in your favour is if you can prove that no signage existed at the place where you parked. It is all to do with that supposed contract you entered into.

The IAS accepts everything given to them by the PPC, without challenge or even proper scrutiny. They have no sight of the contract you are supposed to have entered into; they also have no evidence that the PPC is who they claim to be insofar as having any contract with the landowner, or even what the terms of their contract might be. They do not independently verify whether any of the information given to them by the PPC is accurate, and they appear to have only a very basic understanding of contractual law. They merely satisfy themselves based upon everything the PPC tells them. (If the IAS sees any actual evidence, they make no reference to it and do not disclose it to you). They may even state that they "have sympathy with your circumstances" (how patronising). However, that will not sway them in their decision; it will almost certainly be in favour of the PPC.

It is noteworthy that they, too, are a business. They are not State-run. They claim that they are "approved by government". They are not monitored, regulated or even bound by any rules, guidelines or legal framework. They are, in fact, self-appointed arbiters, and they set their own rules as to what they will or will not "adjudicate" on, and they have deemed that this should only cover whether they believe there has been a breach of contract. This is not made clear to you by anyone, until you have already begun this process (after which the PPC has already increased its charge to you). They appear to be heavily in favour of the PPCs. They are callous, indifferent, deliberately evasive, and do not treat appellants as human beings. Ask yourself whether you would engage a solicitor or barrister based upon how these individuals treat your case, with a lack of evidence, and based solely upon what they are "spoon-fed" by the PPCs. Ask yourself, too, whether, with their apparent knowledge of the law, they would take their own advice, without first verifying the legitimacy of everything they were presented with. The questions are rhetorical. Their decisions aren't worth the words they write. They are not legally binding, and, as such, have no relevancy whatsoever. Don't bother with them. They are highly unlikely to find in your favour.

I recently made an investigation into the IAS, and also wrote to them directly, requesting some information. Their response to me was unsigned, deliberately evasive, computer-generated, and impersonal. They cannot - or will not - provide any proof whatsoever as to their legitimacy, neither can/will they provide any proof that the "legally qualified (a barrister or solicitor)" (as they claim), who "adjudicates", is anything of the kind. They refuse to state who funds them, they also refuse to state who appoints the so-called "legally qualified" adjudicator.

The IAS appears to be run by William Kenneth Hurley. Further investigation has revealed some interesting facts. The IAS is a trade name of United Trade and Industry Ltd (UNITI), so is the IPC (The Independent Parking Community (this is the "Trade Body" which is set up in order to get your information from the DVLA, and supply that to the PPCs, who are members). Mr. Hurley is a director of this company. It would also appear that the so-called "legal professionals", who are supposed to be impartial and independent, are all appointed by the IAS. This does tend to explain why it is they accept everything the PPCs tell them without question or investigation. Mr Hurley is a solicitor, and is also a director of Patron Hallow Limited - their website states "We design and develop bespoke web applications catered to the parking industry and related sectors".

In their own documentation, they state: "If the role of the IAS is to adjudicate on the lawfulness of a parking charge and the veracity of evidence, mitigation is all about customer service and public relations for a parking operator. In the words of the Roman writer Publilius Syrus: “A good reputation is more valuable than money.” Frankly, if you believe this, you will believe anything; PPCs are only concerned with money - not their reputation - and will do everything they can to ensure you pay up. This is called their "business model". To the rest of us, it is an extortion racket, which the IAS is only too happy to assist with.

My letter to IAS

IAS response to me

You can always suspect that anyone who either obfuscates or refuses to answer direct questions, has something to hide. This "shower" is a prime example.

The PPCs are extremely crafty; as I have already explained, they are not pursuing you for parking, but for breach of contract. The contract you never actually saw or signed; the full terms and conditions you don't know, and the validity of which you cannot verify. The IAS will tell you to pay up, because they are not interested in whether the PCN is fair or reasonable. Their decision is based on unverified, unproven circumstantial evidence only. The reason for this is self-evident: there is a definite "affiliation" between all of the parties involved. The DVLA makes money from illegally selling on your private information to the IPC (or other "Trade Bodies). The IPC (or other "Trade Bodies") make money from illegally selling on your private information to the PPCs. The PPCs make money out of their disguised invoices. The IAS makes money from every appeal they handle, and by maintaining the status quo (by turning down as many appeals as they possibly can), they are ensuring the entire "racket" is self-perpetuating.  The debt collection companies make money from every menacing letter they send to the motorists. The solicitors make money from every case they take on, but it is you, the motorist, that pays for their greed.

Do not pay the penalty. Read on.

The facts

Firstly, you are not guaranteed that the parking company is bona fide in their managing the property where they claim to have photographed your vehicle. They are extremely "coy" on this subject. There have been cases where spurious parking companies have erected their signs on private property without the permission or knowledge of the landowner, and charged innocent motorists for breach of contract. Because you never know who is their client, you cannot verify their claims, and thus their right to levy a charge upon you. You can, for a fee, request information about who actually owns the land, from the local authority. You can also ask to see a copy of the parking company's contract with their client, in order to verify that their activity is legitimate, but you are not guaranteed that they will supply you with this. They may make excuses as to why they won't give it to you (or they will probably just ignore you); this only gives you more "ammunition". If you do find out who owns the land, your next course of action might be to communicate directly with the landowner and ask them to intervene, or ask whether they recognise the parking company. I am assuming that you had been given permission to park, but had somehow failed to abide by the ridiculous, arbitrary rules set out by the PPC. You may be successful in appealing to the landowner, but even so, knowing the PPCs, I doubt very much that they would be prepared to forego "easy money" and show reason.

All of the above is important in its own right. However, the fact is that no private parking company has the right to take enforcement proceedings against you. They have no legal basis to enforce the contract. This is the most important point.

It makes no difference if they believe the PCN is valid or not; that is completely irrelevant. They will have to show a judicial court that they have a sound legal reason for bringing the case "in their own name". The county court Civil Procedure Rules prevent them from taking action against you.

Claims by most private parking companies (PPCs) are generally reliant on what they believe is written into Schedule 4 of the Protection of Freedoms Act 2012. However, no PPC has the right to pursue you through the courts over alleged unpaid parking tickets issued on land that does not belong to them.

The problem with PPCs trying to enforce PCNs is because they, themselves, have no financial loss. They are pursuing a claim for their own profit as opposed to quantifying a breach and loss which they have incurred.

Without a valid county court judgment in their name, the ticket issued is wholly unenforceable. This a very important point to understand. It makes no difference whatsoever whether they believe the PCN is valid.

How to fight the extortionists

It is very tempting to give in and just pay them. This is precisely what they hope you will do. In doing so, you will be allowing them to help themselves to your and other people's money under very dubious pretences. It is high time they were stopped, because of the misery they bring, as well as because their tactics are highly questionable.

I have no affiliation to anyone or any organisation on this subject, and I provide the information herein "as is". I do not gain financially from any recommendation, neither do I expect to. After a little research on the Internet, I found Fair Parking www.fair-parking.co.uk. Email them: protectme@fair-parking.co.uk and also www.parkingfines.org.uk. Email them: debt@parkingfines.org.uk,

These people are obviously experts in this very "grey area" of the law. For a modest fee (which is less than the PCN), they will communicate with the PPC or whoever is pursuing you for the payment of the PCN, and provide them with more than sufficient evidence to ensure they realise you mean business, and that they can not take you to court.

As I have consistently stated, the PPCs are extremely tenacious; they have no scruples whatsoever. Their entire mission is to gain financially. They have not the slightest interest in whether or not you were parked legitimately, or even if you caused no inconvenience and/or financial loss to anyone. They are doing this for their own financial gain. However, herein lies one of their own fundamental weaknesses.

In my case, Fair Parking wrote to the PPC, with more than sufficient information to demonstrate the actual facts of the situation. The PPC, in a poorly-formatted, standard letter merely said that they had been contacted by "what appears to be a third party" (of course it was a third party!), but that they were "going to pursue the unpaid debt". They next sent it on to their debt collectors (a company named TRACE), who, themselves, sent a most obsequious, poorly-formatted, computer-generated letter (from an anonymous PO Box), feigning reasonableness, almost begging me to settle, and stating that the PPC was considering the merits of various cases. After a further 2 weeks, the debt collection company again sent a standardised, poorly-formatted letter, stating that this would be their last demand (I thought the previous one was!), and that I now had seven days to pay, after which they would pass it on to their "legal department" (which is probably either an Internet search engine, or a single person with a list of pre-determined scripts, to "cut and paste" onto yet more threating, poorly-formatted, computer-generated documents). They were supposed to be considering what to do next. (I had visions of them sending "the heavies" around). However, they cannot keep harassing you; they cannot send someone around to threaten you or try to force you to pay, as they have no legal right to do so. They cannot ask the police to visit you, because it is a civil matter, and because they also have no County Court judgment against you. The only way they can legally apply pressure by visiting your property would be to have a county court judgment against you in the name of the PPC.

The debt collection company will begin "ramping up" their intimidation, saying they may engage solicitors, with all their costs and interest etc. They will also intimidate you by telling you that a CCJ might impact your credit rating, and will enable the PPC to instruct bailiffs. However, this, again, is completely excessive: if the PPC had genuinely believed their case had merit, they would not have engaged the debt collectors to do their "dirty work" for them; they would have simply applied to the court for a hearing. The debt collectors cannot take you to court, neither can they engage a solicitor etc; they can only advise the PPC whether or not to take the case to court. The whole premise of their actions is to instill fear and panic into you - their victim. The longer they drag it on, the more they try to "sweat you out" (wear you down). It can be stressful and a nuisance. However, these are their tactics.

Even if the case goes to court, and you are unsuccessful, you do not automatically receive a CCJ; as long as you pay within 30 days of judgment, the matter is over, and nothing stays on the register - i.e. your credit record - and no bailiffs may appear at your door. It is also worth bearing in mind that, even if you lose a court case, there is no guarantee that the court will grant the full amount claimed. It is more than likely that you would pay less than is being demanded, and that you will have cost the PPC more. It is worthwhile doing it just for that alone.

Forewarned is forearmed. Do not be intimidated.

The PPC will do pretty much anything to ensure you pay up. They might take it as far as getting a court summons, but if you have professional help, it is unlikely that they will succeed. It's all about fear. They do not know the law (they try to make you think they do), but they ought to. "Ignorance is no defence". They are desperate to make you pay because if they "lose face", others might follow, and it could bring about the end of their "extortion racket".

Eventually, the PPC and their fellow "extortionists" may realise they stand no chance of forcing you to pay up. Do not expect them to tell you this. They are bullies and cowards; they want you to live in fear of their next move. They may just desist, after which you should retain all documentation sent to you about the PCN. They may not even write to you stating that they are not going to pursue you any further. However, remember how soon they contacted you stating they were going to "pursue this unpaid debt".

If you want to tell your story, write to me: writer@webwords.org.uk. Unlike the DVLA, I will not disclose your personal details to anyone else. If I do use any information you provide (with your consent), it will be anonymised. I want to hear from you.

Consider making a formal complaint to the DVLA and, when they refuse to rectify matters, write to the to the ICO. If sufficient people complain about this scandalous breach of the law, something will have to be done.

For further reading, see Money Saving Expert - it has some interesting information.

The information on this site is up-to-date as of April 2019. I will endeavour to update it if and when any changes occur.

 ACT SWIFTLY. BEAT THE BULLIES. SHOW THEM YOU MEAN BUSINESS.
SEEK PROFESSIONAL ADVICE.

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