Writing to your MP

[melville123]

I recently had an unfairly issued and probably illegal parking ticked from ParkingEye.

 

Has anyone here had any success from writing to their MP?

 

I feel that this is a matter far bigger than the small claims courts. Something needs to happen higher up...

 

I know there are some big cases going through the Court of Appeals at the moment.

 

The collective voice of people on-line ( can see you a positive and highly motivated group!) could make the difference to change the law and stop this abuse of the legal system happening altogether.

 

Has anybody had any success with this so far?

 

I can post a template letter if anyone wants to join in.

[DragonFly1967]

From my own, albeit limited, experience of dealing with MP's, they'll tell you what they think you want to hear, while not really giving you an answer of any real substance.

 

Especially now, in the run up to the General Election, they'll all, the whole lot of them, be falling over themselves trying to convince us that they'll take our issues seriously and that questions will be asked at the highest level, yada yada. If those questions ever actually get asked, that'll be as far as it goes.

 

In general terms, there's only one person that your MP will help, and that's themselves as they try to get their nose a little deeper into the trough than anyone else.

 

 

 

Moi? Cynical?

[aburobert]

I have found writing to my MP is a total waste of time, effort and money. Only once did I get anything satisfactory in way from help from my MP and that was only because it got him a lot of free publicity.

 

When Saddam Hussain invaded Kuwait I was one of the unfortunate westerners rounded up and used as a hostage against the threat of Allied attack. Apon my release I arrived destitute in the UK with a wife and two young children to support. The then government supposedly arranged for people like myself to get loans from the DHSS to get basic furniture, kitchen appliances and the like (I was placed in emergency council housing on a 'sink' estate with 'problem' families - which I was actually very grateful for). Anyway the local DHSS adamantly refused to grant any kind of loan or give any kind of help so I could get to work in Wandsworth. I had quickly found a job but couldn't get to it from the wilds of rural Bucks as I had no transport.

 

Anyway my local MP at the time came to my rescue with the local 'rag' in tow and I then very quickly got the DHSS loans and the publicity meant I had kind hearted people who I had never ever met before donating furniture. kids toys and even a little motor cycle which meant I could commute to work. That was the one and only time I have found my local MP any kind of asset.

 

All other contact has resulted in letters coming back from a researcher that had no bearing on my original query or problem. However you can get a couple of quid on eBay for the House of Commons prepaid envelope the reply comes in - and if your MP is famous in any way and has signed the message you could probably flog that as well!

[melville123]

What a fascinating story, aburobert you have been through a lot. Parking fines must seem a little trivial after what you went through!

 

I have had some good support from my MP, clearing up welfare bureaucracy and looking into Housing issues for me. He is a new kid on the block though and has a very good team (I don't think much of the guy himself).

 

I have since had a second reply (within 24 hours via e-mail) and they say that they are sorry but cannot help me with my claim because they cannot get involved in legal matters, which some of this is. The first response I had was that they actually agreed that they did not think fines on private land it were enforceable (basically backing my argument). But they are not allowed to get involved. It leaves me wondering who is going to hear me then?

 

I just would like my appeal to be heard, and I do not think POPLA or small claims court is going to be much of a victory, even if everyone wins their cases in the whole country. We need big guns. I will think of something.

[DragonFly1967]

Depending on what the COA come up with in their ruling, that *could* be the clincher.

 

It will depend very much on what they say and how they word it of course, as is always the case with definitive rulings, but should they rule that ParkingLie can only claim back their actual losses caused by any specific breach of their (supposed) terms & conditions of parking, the whole industry will collapse in on itself overnight. There's no way that any of them are operating a sustainable business model if all that they can claim is £20 per alleged breach, and seeing as the appeal route would still be open for people to challenge each PCN, and POPLA costs the PPC £27 .

[determindator]

I found this news recently so i'll post on here as well, positive action going on

 

http://www.racfoundation.org/media-centre/private-parking-public-concern-press-release

 

CAB guidelines http://www.adviceguide.org.uk/scotland/consumer_s/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_parking_tickets_s/parking_tickets_on_private_land_s.htm

[melville123]

Yes, thanks determindator that's what I'm talking about, the RAC have got on the case very recently. Seeing as clamping was banned not long ago, I reckon if enough people go to the higher courts it will get things changed. A relative of mine is a judge and he says winning bigger cases higher up and positive collective action from social media can and does change the law. He's seen it happen.

 

The outcome is likely to be a compromise of some kind, as parking does need regulating. But the loopholes need closing up and sheisters like ParkingEye will cease to exist because they are not doing it for reasons of effective parking management but for making a quick buck. Someone came up with a smart alec idea and is benefiting from abusing the civil law system.

 

I'm up for rallying the troups if anyone's interested.

[fletch70]

Where writing to your MP is concerned i feel it us pot luck. My local MP although of a cloud i do not support is very good at doing his job which is to bring concerns to the attention of the departments concerned and get a response. Sadly there are fewer and fewer if these types of MPs. The late gwyneth dunwoody was a great constituency MP as was Mo Mowlem.

[determindator]

I posted the CAB guidelines for Scotland and here's link to the same for UK

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_parking_tickets_e.htm

[melville123]

Thanks everyone. I'm new here so don't know what you guys have been doing on this, or if there is a general consensus on tackling the problem. I'd love to hear your ideas, particularly about using social media. I'm thinking of putting together an article for the news papers, and probably will get in touch with my local rag who already wrote a story in January on the exact same car park that got me. A whole family were clobbered for £100 a-piece while eating their Christmas dinner in the pub there. Seems a hot topic in the press at the moment.

[ericsbrother]

I think writing to your MP can help if you have suffered the attempts of these vampires so can use a personal perspective. If you have then telling your MP that the PoFA is being abused/ignored by the parking companies and inviting them to comment on what tey think about the whole issue and whether they would revisit the legislation may get a response. Some know they are out at the next election and wont give a stuff but most will be desparate for votes.

[determindator]

Getting there

 

http://www.dailymail.co.uk/news/article-2981794/10-minute-let-avoid-parking-ticket-month-new-law-let-overstay-meter-without-fine.html

[DragonFly1967]

Now, I know that this is about council on & off street parking, but this line interests me.

 

"A new Deregulation Bill, due to pass through the House of Lords next week and come into force next month, will enforce the ban on CCTV being used to issue automated fines, except in high-risk areas."

 

 

I wonder if that could be carried over to the private parking industry. That'd throw a spanner in to the works

[fletch70]

But what is a high risk area?

[melville123]

Yes I think things are moving that way. They have to tackle the council parking laws before the private car parks as they set the standard of law. Private parking companies are copy cats. I read the whole Information Commissioner's Office paper on Date Protection in the use of CCTV. It is a very balanced fair piece of legislation and written by a human being. Parking Eye and the like would fall down on almost every point.

 

Incidentally, I wonder how they have ever been allowed to operate as they do thus far. As POPLA was set up only three years ago to monitor them, if you can win every case on GEOPL then POPLA must already know that they are charging too much to be legal because all of them charge too much. That's the whole point of frightening people to settle out of court. Their terms are unenforceable.

 

I'm no lawyer, but words like "contractual license entrapment" and "use of private information for purposes of harassment and extortion" spring to mind. There must be a legal term for this.

 

They'll be out soon, someone's going to close up the loopholes.

[melville123]

But what is a high risk area?

 

I guess for Council Parking, they take traffic safety into account, parking on a zebra crossing, on a bend etc. But hey most of their tickets are for pretty trivial offenses, they love to rake it in as well. That's why people hate parking tickets so much! Because they are trivial! The 10 minute leeway is a good start.

[ericsbrother]

melville123, I recently spoke to a judge about this point but he says that the threshold is extremely high as it is criminal law and very unlikely that anyone will win such an argument based upon their behaviour regarding a single claim.

This is always going to cause the public problems of showing to the lawmakers that the effects are far reaching, they may see a complaint about 1 compamy behaving badley and that is brough to their attention by an individual or small group of constituents so they make enquiries with the relevant minister, who asks the BPA (as the minister will not know the brief of their predecessor) who will tell them that it is an isolated case, no problems here, noting to see, move along now we know best etc and the matter will be forgotten.

[determindator]

Then thank goodness for Mr John de Waal QC for their work shown in this report http://www.racfoundation.org/media-centre/private-parking-public-concern-press-release

[melville123]

I think something will be done in time; the loopholes will be closed. I received this reply from Brian Dodge at the DVLA regarding their involvement, through my MP recently:

 

"The Government is very much aware of public concern about the enforcement practices adopted by some companies managing private car parks. We are working closely with the parking sector to improve procedures and to encourage compliance with relevant codes of practice."

 

They sent me details of the BPA's code of practice and encouraged me to contact them regarding anything Parking Eye may have done to break the rules. There are plenty of things in there, so I'm going to send the BPA a letter.

 

I just think that if everyone writes to their MP, the DVLA and the BPA it will have a better chance of affecting the laws than just doing POPLA appeals. We want to win the war, not just the battle. People should not have to go to POPLA appeal in the first place. The system does not work because it is being abused, so tell the people who can change the system.

 

Yeah that's an excellent and timely report by John de Wall QC. It will work.