Private parking companies could face huge refund bill

Slighted motorists rejoice; you could be in line for millions of pounds worth of reparations for unsound parking fines.

That’s the opinion of John de Waal QC, a Barrister working with the RAC Foundation, who is taking the operators of private car parks to task over disproportionate fees dished out to motorists who stay past their allotted time.

Mr. de Waal argues that the hefty fines, which frequently total £100 or more, are actually penalties for tardiness and not a genuine calculation of losses for the landowner, and as such are unenforceable in court.

Early payment discounts could also be deemed unlawful under European consumer legislation according to Mr. de Waal. He said that putting pressure on motorists to pay quickly or face a higher charge constitutes a "price escalation clause" and should therefore not be allowed. Fines issued on sites without clear and prominent signage could also be challenged on the grounds of unfairness.

Professor Stephen Glaister, director of the RAC Foundation, said; “We would like to see this legal argument tested in a higher court so that a binding precedent is set. At the same time we would like the government to do what it should have done at the outset and set out what are reasonable charges.

“If the courts agree with Mr. de Waal then millions of drivers could be in line for a refund. We estimate that in 2013 alone drivers might have been overcharged by some £100 million."

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