PRIVATE PARKING COMPANIES, ILLEGAL PCNs , AND
POOR UNSUSPECTING MOTORISTS
Cowboy parking companies by any notion of justice ought to be prosecuted under the 2006 Fraud Act . These highway robbers commit contrary ss 1 (2) (a) and 2 in that they falsely claim they are entitled to tenfold the actual losses resulting by an alleged breach of their terms and conditions. Not only do they falsely represent this crucial fact , which in most instances involves no loss whatsoever, they also use misleading and deceptive practices to intimidate motorists into paying.... what they are led to believe are... fines. The PCN's are deliberately set out to mimic those issued by local uuathorities in order to hoodwink the motorists into believing that they are genuine fines , which under criminal law have to be paid. Moreover, private parking companies not only commit fraud , but their actions also border on theft , in that money is obtained by deception and/or menaces and threats.
Why this dirty practice has been allowed to continue for so long beggarslief. Perhaps previous governments have a dislike for motorists , happy to turn a blind eye to how this corrupt unregulated industry operates. But one thing is certain : the DVLA on behalf of the government pockets milions (£) given the vast number of requests made by these fraudsters to obtain the personal details of motorists' names and addresses. With each request costing £2.50 really big money is involved, and the DVLA seems complicit in their illegal shananegans. Perhaps the motto of never bite the hand that feeds you is one which the government has seemingly taken on board.
A PCN is without a doubt a " lie ". It is not a notice or a parking charge. It is in most instances a speculative invoice. In other cases it is a claim for damages resulting from an alleged breach of contract. It is in essence a document that sets out to punish alleged transgressors , whilst generating huge profits at the motorists' expense. A breach of contract is purely a civil matter, not a criminal offence. In situations like over-staying , parking companies should be entitled to recover the lost revenue involved, plus the small cost of a DVLA enquiry and sending out a claim by post. So why the Supreme Court introduced the notion that a claim can also include a " deterrent element " seemingly contradicts all previous legal precedents on unenforceable penalty clauses , along with a whole raft of important "protections " found in consumer legislation. This departure from the basic principle of not allowing the injured party to make a profit from a breach of contract only seems justified , when serial long-term overstayers have a profound negative impact on the parking company's traffic space maximisation objective.
Nevertheless, although this authorative precedent has helped the cause of these fraudsters the essential principles of contract law , alongwith the cardinal protections found in The Unfair Contract Terms Act , still remain intact , Thankfully , because cases are often judged on their merits , many will be distinguished on the facts from the appalling precedent laid down by the Supreme Court in Parking Eye v. Beavis.
What motorists need to be aware of is that private parking companies are in the business of implementing a very persuasive and convincing bluff. These rogue outfits use or threaten to use the County Court system as a monstrous bluff , with the sole aim to dishonestly milk unsuspecting motorists of their hard earned cash. Moreover, should a dispute go all the way and end up in court, these companies are simply hoping and praying decisions go in their favour. Thankfully CC judges have recognised the damages claimed often go way beyond actual losses incurred , especially in cases which involve motorists paying the correct parking fee but failing to adhere to rules , which lead to no actual loss ever being incurred.
Sadly , all CC decisions lack binding authority, which means in effect that going to court is like taking part in a lottery. Of course , these multi-million pound bully boys are very aware of this fact , and have the financial muscle to pursue more and more cases in court to keep this. monstrous bluff alive.
As yet the law has failed to declare their dirty practices as illegal , although they clearly are. So despite these fraudsters receiving bloody noses in the past , they relentlessly carry on ignoring these defeats , knowing that they are at liberty to continue their racketeering operations with impunity.
Motorists , quite understandably , don't want the hassle, stress .misery and expense that goes with challenging these illegal fines. The easy option is to pay up , and to berate themselves for their foolish mistakes and misfortunes. And these parking cowboys rely on such fear , cowardice and apathy to their financial advantage. Motorists in their eyes are like sacrificial lambs to be butchered and slaughtered repeatedly , to be ripped off over and over again.
The Parking Prankster has attempted to do a job which the government should have done years ago : and that is to help the small motorists take on the big evil money-grapping goliaths of the parking industry. The man is a true David with a sling in every sense of the word. Now it is time for the government to step in and kill these goliaths for once and for all. Why should a motorist , who is wrongly harrassed for money , and who in reality owes these companies nothing , be obliged to risk his savings by having to stand up alone against them. Surely it is the responsibility of the government to act on the victim's behalf. Thankfully , Sir Greg Knight is one politician who is now willing to take over the baton from the legendary Parking Prankster. ......the original knight in shining armour .