ADMIN: MORE TO FOLLOW ON THIS - THERE IS A TEST CASE GOING THROUGH THE COURTS!
Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation.
Fines for overstays in car parks on private land could in
some cases be unenforceable in court, barrister John de Waal QC said in a
paper for the charity.
He said fines were much more expensive than compensation for a genuine loss.
The foundation highlighted instances of people being charged £100 or more for running over their parking ticket.
Its director Professor Stephen Glaister estimated the overcharging may have reached £100 million in 2013.
'Barely regulated'
Mr de Waal said: "Payments at the level that operators
presently demand as sanctions are unlikely to count as genuine
pre-estimate of loss."
He said they should be seen by the courts as penalties, which would means they were unenforceable.
European consumer legislation which requires contracts to be
fair means so-called "early payment discounts" could be unlawful because
they constitute a "price escalation clause", he said.
He also said that when signs are not clear or prominently
displayed, the charge could also be challenged on the grounds of
unfairness.
Prof Glaister said he believed millions of drivers could be due a refund.
"We would like to see this legal argument tested in a higher court so that a binding precedent is set," he added.
The Protection of Freedoms Act 2012 banned clamping, towing,
blocking-in or immobilising a vehicle without lawful authority on
private land, in a bid to end abuses by rogue clamping firms.
However, the foundation said that private car parks were now
using overstay fines as an alternative, with a system of ticketing which
was "barely regulated".
http://www.bbc.co.uk/news/uk-31545417
