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Protection of Freedoms Bill: a weasel clause - oldruffian

This is a follow-up to an astute comment on parking tickets by Dwight Van Driver. Basically the Protection of Freedoms bill is a well-meaning collection of provisions that includes a ban on car clamping, restrictions on the time terrorist suspects can be held by the police, control of fingerprint records - and a whole lot of other things.

However, DVD spotted that the removal of clamping rights is matched by a nasty provision that would make a car's owner vulnerable to extortion by these wretched parking companies that prey on people.

Can I suggest that each of HJ's loyal band of followers find out who their local MP is and send him or her something on the lines of the following missive that I have just sent to my own MP (Sam Gyimah, the Tory MP for East Surrey):

**********

Can I ask you to look at a weasel provision in the Protection of Freedoms Bill which is coming up for second reading at the beginning of March.

Most of the provisions of this bill are quite worthy, including the section that outlaws car clamping. However, there is danger revealed by the final sentence of the explanatory notice that I have copied below.

Britain is full of private parking companies that levy enormous "fines" on people who stop too long in shopping car parks, enter private roads (usually unwittingly) and commit various other very minor mischiefs on private land. The companies get agreement of the land owner to police the privately owned land and then make a profit by trying to enforce "fines".
I have seen franchise offers advertised on eBay, encouraging people to set up these money-spinners. They are run pitilessly by villains and cause untold misery to people who they hound for payment, which can be for large sums of money - several hundred pounds if you don't pay up immediately.
At the moment, to enforce these "fines" the companies need to establish who a driver is, since any contract to park would be with a driver and not the owner of a vehicle. If you own a vehicle you are under no obligation to tell a private parking company who was driving it.
The Act would give these crooks a legal right to pursue the registered keeper or owner of a vehicle for payment, rather than the driver. At the moment, if you receive one of these dodgy parking tickets and ignore it you will receive a barrage of threatening letters that you can fairly safely disregard.
If this clause is allowed, there ought also to be provision to limit the amount of money that can be demanded by private enforcement companies - and a proper system to regulate them.
But preferably, the clause should be dropped. It is a charter for villains.



Parliamentary explanatory notice extract:
Chapter 2 of Part 3 makes provision in respect of parking enforcement. It
makes it a criminal offence to immobilise a vehicle, move a vehicle or restrict the
movement of a vehicle without lawful authority. Further provision is made to extend
the power to make regulations for the police and others to remove vehicles illegally,
dangerously or obstructively parked. Provision is also made so that the keeper of a
vehicle can be held liable for unpaid parking charges arising under contract in
circumstances where the identity of the driver is not known.

Protection of Freedoms Bill: a weasel clause - Berisford

So what we have here then is a proposal that will stop the scumbag parking companies stealing a vehicle and holding it ransom, but replace it with a (ultimately) guaranteed extortionate payout from the owner?

With court costs thrown in on top!

Brilliant, something that has been heralded by the government/media as being a good thing turns out to be just smoke and mirrors again.

Edited by Berisford on 24/02/2011 at 14:06

Protection of Freedoms Bill: a weasel clause - Dwight Van Driver

Wait...

As I understand it along with the proposal will be an appeals procedure and if this is independent of the Parking Consortiums then not a bad thing and a standard charge.

Very similar to the Parking Adjudicators of Penalty Charge Notices.

The owner of land where parking abuses take place should be allowed some recompense Neh?

dvd

Protection of Freedoms Bill: a weasel clause - martint123

To be honest - I am slowly coming to the opinion that the registered keeper ought to take on more responsibility for what happens to his vehicle. Tome to keep a drivers log? Possibly for those with few memory cells left.

Protection of Freedoms Bill: a weasel clause - Dutchie
Quote .The owner of the land where parking abuse takes place..

To the owner of these bits of land put a fence around it and problem stopped.

Lets stop defending these thugs once and for all.
Protection of Freedoms Bill: a weasel clause - bonzo dog

To the owner of these bits of land put a fence around it and problem stopped.

To Dutchie & all others who have absolutely no concept of "it's someone else's property":

People shouldn't have to fence in their land in order to prevent you & every other inconsiderate driver from parking there.

If it's not yours & you don't have permission to be there, don't park there!

Edited by bonzo dog on 25/02/2011 at 09:06

Protection of Freedoms Bill: a weasel clause - oldruffian
The thing is: it is absolutely right that you shouldn't just park on other people's property - and they should have means to stop you.
The problem is that it is rather more complicated. There would have been nothing wrong with the use of clamping had it been done fairly and reasonably - if the car park or land owner had charged, say, £10 to take the thing off for a first-time infraction and warned the malefactor he would have to pay appreciably more if he did it again.
What in fact happened was that it became a predatory business, with clampers lying in wait and charging huge sums of money for what were often unintended or harmless "offences" - like parking slightly over the line of a parking bay in an otherwise deserted parking lot at 11.30 at night.
Parking enforcement companies are the same kind of predator - and the new act will make it easier for them to hound people for unreasonable amounts of money.
As it is, the act is flawed. Anybody who thinks that some appeals process operated by private parking companies could be fair is being naive. Parking enforcers are unprincipled - they already have a supposed appeals system but it never lets anybody off.
It is wrong to pass a law that will aid villainy and exploitation.