Parking operators are spending up to £12m a year on the names and addresses of drivers they want to chase and fine for parking offences, ThisisMoney.co.uk reports.
The driver data comes from the DVLA, which charges £2.50 per information application. Last year, parking companies bought 4.7m records from the DVLA, amounting to nearly £12 million in fees.
Parking firms earn £500m a year from these fines, so the £12m cost is more than worth it.
How are they getting away with it?
The government has faced criticism for selling personal details in this way. However, they insist that the £2.50 charge only covers administrative costs, thus ensuring that the applicant foots the bill rather than the taxpayer.
The DVLA has a legal duty to provide this information to car park owners for legitimate fines. However, the sheer number of applications being made is an abuse of the system. The number of details requested was a million more than last year, and a staggering 15 times more than a decade ago, according to The Times.
The rise in private parking firms buying drivers’ details is largely due to The Protection of Freedoms Act from 2012. The law was introduced as a way to protect motorists from being clamped on private property but has led to a surge in parking companies buying details from the DVLA in order to pursue drivers for unpaid fines.
The information exchanged includes drivers’ names and addresses, in addition to the details of their vehicles.
Abuse of information for profit
The millions of requests to the DVLA in the last few years shows how many fines parking companies are issuing, yet not all of those fines are justified. Some companies have been found guilty of having unclear signs, while technology faults, over-enthusiastic attendants and even altered photographs have also all resulted in the issue of parking charges.
One company, Parking Eye, even tried to fine a driver who circled a car park but never actually used it. Meanwhile, The Standard reports that two council-run carparks near Heathrow Airport gave some users up to five parking tickets at the same time, even though the cars’ owners had actually paid for a meet and greet service with secure parking.
In total, parking companies made a combined £500 million last year through receiving drivers’ information from the DVLA. This has triggered some debate, with several MPs arguing that the practice should be banned, especially as some companies have gone to ruthless and excessive measures to obtain information. Labour Commons Transport Committee member Robert Flello, commented:
“Parking firms which resort to bully boy tactics should be blocked from obtaining drivers details from the DVLA.”
Are you facing a fine?
The government is looking at reforming some of the laws regarding private parking companies. Meanwhile, there are steps you can take to protect yourself. We always recommend appealing if you feel you’ve been unfairly ticketed, and be sure to photograph any evidence that might help you – such as an unclear sign or ticket. Getting a witness to write a statement can also help your case.
You can also follow your local council’s appeal process, which should be fair and impartial – the same might be true with parking companies’ own appeal processes.
You can also use websites such as donotpay.co.uk, which offers free legal advice. Another great resource is the Citizens Advice Bureau.
Should the DVLA be allowed to sell this data so that parking firms can hassle drivers? Are parking firms operating fairly inside the law? Tell us what you think in the comments below.
I recently used a car park in Barnsley where it’s free parking for 2 hours providing you use the lidl and savers supermarkets and key in your car number plate in the store systems which I clearly remember doing! 4 days later I received a fine with a picture of my car entering and leaving the car park? I phoned them up and told them but they said it was up to me to prove I’d used them as they said I’d only registed in one supermarket. Luckily I’d put my receipts in my recycle bin, so they dropped the fine, but it goes to prove that you can register on there systems as they request but if they say you didn’t you’ve no way of proving you did!
“The DVLA has a legal duty to provide this information to car park owners for legitimate fines.”
How does the DVLA know the fine is legitimate before it has been issued? If it provides this information and the fine is found to be not legitimate, has it broken the law?
What punishment is given to the car park owners for issuing fines which are proved not to be legitimate?
If you have been accused as to have been illegally parked in a car park by a private parking company, and you can prove that you have not, challenge them to take you to court. You could counter claim in court against the parking
company for Harassment, Harassment is a Criminal Offence in Law.
The DVLA has NO control/knowledge over il/legitimacy of fines issued by private parking companies (PPC’s)!! Hence, as a govn’t dept. it acts NEGLIGENTLY – based on false “assurances” from the 2 x Accredited Trade Associations in the UK [ATA’s] who’ve been set up to oversee/sanction these PPC’s. The PPC’s have to subscribe as members of one of the ATA’s in order to qualify to obtain data from DVLA.They’re then known as Approved Operators [AO’s].
The 2 ATA’s:- 1) BPA – British Parking Association and 2) IPC – Independent Parking Committee (from memory, I think they’ve changed the name of the C in their name?) – each have their own separate COP’s [Codes of Practice] which the AO’s have to adhere to. HOWEVER – there is a clear ‘conflict of interest’ on the part of the ATA’s – since they’re receiving annual subs from their AO’s – meaning there is NO INCENTIVE for them to actually take any ENFORCEMENT action/sanctions against them!!!! You initially deal with one of the ATA’s Appeal bodies, [1) BPA’s is POPLA; 2) IPC’s is the IAS] who claim to have no discretion to consider mitigating circs.
I’ve had 2 experiences of fines (the AO’s being members of 1of each ATA). In the case of the IPC, they currently sub-contract the Appeals process out to Wright Hassall Solicitors, based in Leamington Spa. In my case, W/Hassall did the absolute minimum work they could – totally UNJUST practice by the way! – in deciding that the AO failed on just 1 relatively minor “Level 1” breach of the IPC’s COP – and advised the AO to cancel my fine. The solicitor’s firm COMPLETELY DISREGARDED all the other (including major Level 5) breaches which the AO was guilty of. So, surprise, surprise, they’re still doing exactly what they did before, with no sanctions by the ATA – NO DETERRENT! Added to which, the ATA’s admit they don’t have (pay for?) the resources so don’t efficiently audit the AO’s – at most, their “annual audits” comprise attending only one of the AO’s sites p.a. (usually its flagship example!!) – which probably bears no resemblance to its others!
In the other case, POPLA found me guilty – but of a different offence to that which the AO had initially ticketed me for. The AO’s litigation dept. continued to send me threatening letters 18 mths. after the event. Nothing heard since.
Back in 2015/6?, the Dept. for Communities and Local Government (DCLG) carried out a consultation regarding the Private Parking Industry/ATA’s. Sorry, I’ve yet to research the outcome! I also recall seeing an article suggesting ONE national COP would be preferable to the two different ones. Can’t see anything changing short term – they continue unabated, despite many acting illegally.
Please stop calling these “fines.” They are nothing of the sort. They are merely a request for payment; basically an invoice and as such if they are issued by private parking firms they are not legally enforceable. The DVLA should raise the fee from £2.50 to at least £10 to prevent these firms exploiting the system.
I object to DVLA selling details to private parking companies. If they must, the cost to receive private details should be increased drastically to avoid abuse of the system.
How do you display a none adhesive parking ticket on an open (roofless ) sports car. I pocketed mine and reported to the ticket office. A three month fight ensued which I won, on the basis that the meter warden made a mistake in his other paper work!.
Another time, caught for parking in a quite street on yellow lines. I took pics of Council Vehicles breaking the same rules same place. Case dropped.
Much of the private-sector parking business is very dubious, and its methods of enforcing what IT claims to be the case are often outside the law. When will government ACT to control this blackmailing racket? Don’t hold your breath
I recently used a car park in Barnsley where it’s free parking for 2 hours providing you use the lidl and savers supermarkets and key in your car number plate in the store systems which I clearly remember doing! 4 days later I received a fine with a picture of my car entering and leaving the car park? I phoned them up and told them but they said it was up to me to prove I’d used them as they said I’d only registed in one supermarket. Luckily I’d put my receipts in my recycle bin, so they dropped the fine, but it goes to prove that you can register on there systems as they request but if they say you didn’t you’ve no way of proving you did!
“The DVLA has a legal duty to provide this information to car park owners for legitimate fines.”
How does the DVLA know the fine is legitimate before it has been issued? If it provides this information and the fine is found to be not legitimate, has it broken the law?
What punishment is given to the car park owners for issuing fines which are proved not to be legitimate?
If you have been accused as to have been illegally parked in a car park by a private parking company, and you can prove that you have not, challenge them to take you to court. You could counter claim in court against the parking
company for Harassment, Harassment is a Criminal Offence in Law.
The DVLA has NO control/knowledge over il/legitimacy of fines issued by private parking companies (PPC’s)!! Hence, as a govn’t dept. it acts NEGLIGENTLY – based on false “assurances” from the 2 x Accredited Trade Associations in the UK [ATA’s] who’ve been set up to oversee/sanction these PPC’s. The PPC’s have to subscribe as members of one of the ATA’s in order to qualify to obtain data from DVLA.They’re then known as Approved Operators [AO’s].
The 2 ATA’s:- 1) BPA – British Parking Association and 2) IPC – Independent Parking Committee (from memory, I think they’ve changed the name of the C in their name?) – each have their own separate COP’s [Codes of Practice] which the AO’s have to adhere to. HOWEVER – there is a clear ‘conflict of interest’ on the part of the ATA’s – since they’re receiving annual subs from their AO’s – meaning there is NO INCENTIVE for them to actually take any ENFORCEMENT action/sanctions against them!!!! You initially deal with one of the ATA’s Appeal bodies, [1) BPA’s is POPLA; 2) IPC’s is the IAS] who claim to have no discretion to consider mitigating circs.
I’ve had 2 experiences of fines (the AO’s being members of 1of each ATA). In the case of the IPC, they currently sub-contract the Appeals process out to Wright Hassall Solicitors, based in Leamington Spa. In my case, W/Hassall did the absolute minimum work they could – totally UNJUST practice by the way! – in deciding that the AO failed on just 1 relatively minor “Level 1” breach of the IPC’s COP – and advised the AO to cancel my fine. The solicitor’s firm COMPLETELY DISREGARDED all the other (including major Level 5) breaches which the AO was guilty of. So, surprise, surprise, they’re still doing exactly what they did before, with no sanctions by the ATA – NO DETERRENT! Added to which, the ATA’s admit they don’t have (pay for?) the resources so don’t efficiently audit the AO’s – at most, their “annual audits” comprise attending only one of the AO’s sites p.a. (usually its flagship example!!) – which probably bears no resemblance to its others!
In the other case, POPLA found me guilty – but of a different offence to that which the AO had initially ticketed me for. The AO’s litigation dept. continued to send me threatening letters 18 mths. after the event. Nothing heard since.
Back in 2015/6?, the Dept. for Communities and Local Government (DCLG) carried out a consultation regarding the Private Parking Industry/ATA’s. Sorry, I’ve yet to research the outcome! I also recall seeing an article suggesting ONE national COP would be preferable to the two different ones. Can’t see anything changing short term – they continue unabated, despite many acting illegally.
Please stop calling these “fines.” They are nothing of the sort. They are merely a request for payment; basically an invoice and as such if they are issued by private parking firms they are not legally enforceable. The DVLA should raise the fee from £2.50 to at least £10 to prevent these firms exploiting the system.
I object to DVLA selling details to private parking companies. If they must, the cost to receive private details should be increased drastically to avoid abuse of the system.
How do you display a none adhesive parking ticket on an open (roofless ) sports car. I pocketed mine and reported to the ticket office. A three month fight ensued which I won, on the basis that the meter warden made a mistake in his other paper work!.
Another time, caught for parking in a quite street on yellow lines. I took pics of Council Vehicles breaking the same rules same place. Case dropped.
Much of the private-sector parking business is very dubious, and its methods of enforcing what IT claims to be the case are often outside the law. When will government ACT to control this blackmailing racket? Don’t hold your breath