Another fine mess – parking tickets on private land

Updated – February 21, 2015

Most of us have at some time or an additional returned to our car to find a parking ticket slapped on the windscreen. It’s annoying and it’s pricey, although if we have broken the rules we normally spend up. But what if the ticket is unjustified? What if you are the victim of an more than-enthusiastic attendant, a straightforward mistake or a technical error?

You very first require to discover out no matter whether the parking ticket was issued by the council, the police or a private company such as a supermarket, railway station or retail park. If the name of the police force or council is not on the ticket, then you are most likely on private land.

The distinction is important because police and councils have diverse powers to private automobile park operators. When you park on private land you enter into a sort of contract with the landowner. If you breach the contract, maybe by staying longer than your allocated time, you ought to anticipate a ticket.

Fine detail

Private vehicle park operators can’;t situation a fine or a penalty charge notice. It is also against the law for a private firm to clamp or tow away your car unless they have the legal authority, which ought to be clearly displayed. You have to watch out, even though, as numerous private firms do their best to make their tickets appear far more official, partly in an try to intimidate drivers.

Ok, so you are confident you are parked on private land. Are you also certain that the parking ticket is unfair? It’s no good huffing and puffing with indignation when you have in truth parked in a bay reserved for disabled badge holders. The car park’s terms and circumstances should be visible and if you did not break any of the rules you have each and every appropriate to make a stand.

Sign of the occasions

Initial, gather any evidence that the ticket is unjustified: perhaps a photo of an unclear sign, or proof that you have paid the correct quantity, as you will have a a lot stronger case if you can rely on much more than your word. You then want to contact the firm that issued the ticket. If you are fortunate, the operator will be one of the 150 or so firms that are members of the Approved Operator Scheme run by the British Parking Association (BPA).

The company need to then abide by the BPA’s code of practice, which signifies it need to have its personal appeals method. You will also have access to the independent Parking on Private Land Appeals (Popla). You can uncover out if your firm is an approved operator by seeking on the BPA’s website at www.britishparking.co.uk.

It is also worth getting in touch with the relevant retailer, train firm or hospital. If, for example, your automobile was parked outside Marks & Spencer, the retailer may take a dim view of any sharp practice by its contractor and could intervene to safeguard its own reputation.

Well-known appeal

You should hear from the auto park operator within 28 days. If your appeal is unsuccessful, the firm will send out a verification code and a type to start off the Popla process. You need to make your case inside 28 days and there are 4 grounds for a Popla appeal:

• The vehicle was not improperly parked


• The charge exceeds the relevant amount


• The vehicle was stolen


• You are not liable for the charge since you sold the automobile prior to, or bought it after, the alleged improper parking.

It is essential to don’;t forget that Popla does not think about mitigating circumstances. So, if you have been late back to your car simply because you fell down a ditch, Popla will throw out your appeal. Nonetheless, it is worth pointing out that drivers have won roughly half of the Popla appeals given that the organisation was set up in 2012.

If you park on private land and the operator is not approved by BPA, you alternatives may be a lot more limited and you will almost definitely not be in a position to appeal to Popla. Nonetheless, you can nonetheless set out your case in writing, like any evidence.

Court in the act

Some drivers pick basically to ignore any unfair parking tickets in the hope that the operator will simply go away. But it can be a risky approach as the parking firm could pursue the vehicle owner to court, generally the modest claims court, to recover any money.

The driver will not end up with a criminal conviction, but it could nevertheless be a time consuming and distressing expertise. Is it actually worth it?

Private parking, public concern

Motoring charity, the RAC Foundation, has recommended that millions of pounds worth of fines issued by private parking firms may possibly have been unlawfully charged.

In the legal opinion of land and house barrister John de Wall QC, working on behalf of the RAC Foundation, fines issued for overstaying in private carparks – which are often £100 or far more – were, at greatest, disproportionate and, at worse, ‘extravagant’ and ‘unconscionable.’

Mr de Wall stated: “Payments at the level that operators presently demand as sanctions are unlikely to count as genuine pre-estimate of loss they must be noticed by the courts as penalties – and this means they are unenforceable.”

The study also highlighted that some parking operators employ a company model which indicates they can only make a profit if members of the public overstay and can be charged an excessive penalty.

Private parking companies produced 2.2 million requests to the DVLA in 2013 for registered car owner details and – in the same year private parking penalties revenues might have reached £100m.

Director of the RAC Foundation, professor Stephen Glaister, referred to as upon the legal argument outlined in the paper to be tested in court so a binding precedent could be set. If the courts agree with the findings, thousands of motorists who have been issued with tickets could be in line for a refund.

The Court of Appeal will hear a test case subsequent week exactly where 2 drivers will claim that they have been unfairly treated by parking organizations and that they need to be reimbursed for the penalties they have paid.

We’ll let you know what happens…

Have you ever had problems from a private parking firm? Unfair ticket? Bully-boy tactics? We’d love to know, so leave a message in the box under

Another fine mess – parking tickets on private land

Yet another fine mess – parking tickets on private land

Updated – February 21, 2015

Most of us have at some time or an additional returned to our vehicle to uncover a parking ticket slapped on the windscreen. It is annoying and it is costly, though if we have broken the guidelines we usually spend up. But what if the ticket is unjustified? What if you are the victim of an more than-enthusiastic attendant, a basic error or a technical error?

You initial need to have to discover out whether the parking ticket was issued by the council, the police or a private company such as a supermarket, railway station or retail park. If the name of the police force or council is not on the ticket, then you are possibly on private land.

The distinction is important because police and councils have different powers to private car park operators. When you park on private land you enter into a sort of contract with the landowner. If you breach the contract, maybe by staying longer than your allocated time, you should count on a ticket.

Fine detail

Private vehicle park operators can not situation a fine or a penalty charge notice. It is also against the law for a private firm to clamp or tow away your automobile unless they have the legal authority, which must be clearly displayed. You have to watch out, although, as a lot of private firms do their greatest to make their tickets appear far more official, partly in an try to intimidate drivers.

Ok, so you are confident you are parked on private land. Are you also sure that the parking ticket is unfair? It’s no great huffing and puffing with indignation when you have in fact parked in a bay reserved for disabled badge holders. The auto park’s terms and circumstances need to be visible and if you did not break any of the guidelines you have each right to make a stand.

Sign of the occasions

Initial, gather any proof that the ticket is unjustified: perhaps a photo of an unclear sign, or proof that you have paid the appropriate quantity, as you will have a significantly stronger case if you can rely on a lot more than your word. You then need to have to get in touch with the firm that issued the ticket. If you are lucky, the operator will be a single of the 150 or so firms that are members of the Approved Operator Scheme run by the British Parking Association (BPA).

The firm should then abide by the BPA’s code of practice, which means it ought to have its own appeals method. You will also have access to the independent Parking on Private Land Appeals (Popla). You can uncover out if your firm is an authorized operator by looking on the BPA’s internet site at www.britishparking.co.uk.

It is also worth receiving in touch with the relevant retailer, train firm or hospital. If, for instance, your car was parked outdoors Marks & Spencer, the shop may possibly take a dim view of any sharp practice by its contractor and could intervene to safeguard its own reputation.

Well-known appeal

You must hear from the automobile park operator inside 28 days. If your appeal is unsuccessful, the firm will send out a verification code and a type to commence the Popla approach. You should make your case inside 28 days and there are 4 grounds for a Popla appeal:

• The vehicle was not improperly parked


• The charge exceeds the relevant amount


• The vehicle was stolen


• You are not liable for the charge because you sold the vehicle just before, or bought it following, the alleged improper parking.

It is crucial to keep in mind that Popla does not take into account mitigating situations. So, if you had been late back to your auto simply because you fell down a ditch, Popla will throw out your appeal. Nonetheless, it is worth pointing out that drivers have won roughly half of the Popla appeals given that the organisation was set up in 2012.

If you park on private land and the operator is not authorized by BPA, you options may possibly be much more limited and you will almost surely not be capable to appeal to Popla. Nevertheless, you can nonetheless set out your case in writing, which includes any evidence.

Court in the act

Some drivers select simply to ignore any unfair parking tickets in the hope that the operator will just go away. But it can be a risky method as the parking firm could pursue the car owner to court, generally the little claims court, to recover any funds.

The driver will not finish up with a criminal conviction, but it could nevertheless be a time consuming and distressing experience. Is it truly worth it?

Private parking, public concern

Motoring charity, the RAC Foundation, has suggested that millions of pounds worth of fines issued by private parking firms could have been unlawfully charged.

In the legal opinion of land and property barrister John de Wall QC, operating on behalf of the RAC Foundation, fines issued for overstaying in private carparks – which are often £100 or far more – had been, at very best, disproportionate and, at worse, ‘extravagant’ and ‘unconscionable.’

Mr de Wall said: “Payments at the level that operators presently demand as sanctions are unlikely to count as genuine pre-estimate of loss they must be observed by the courts as penalties – and this indicates they are unenforceable.”

The investigation also highlighted that some parking operators employ a enterprise model which means they can only make a profit if members of the public overstay and can be charged an excessive penalty.

Private parking firms created 2.2 million requests to the DVLA in 2013 for registered automobile owner information and – in the very same year private parking penalties revenues could have reached £100m.

Director of the RAC Foundation, professor Stephen Glaister, referred to as upon the legal argument outlined in the paper to be tested in court so a binding precedent could be set. If the courts agree with the findings, thousands of motorists who have been issued with tickets could be in line for a refund.

The Court of Appeal will hear a test case next week where 2 drivers will claim that they were unfairly treated by parking organizations and that they ought to be reimbursed for the penalties they have paid.

We’ll let you know what happens…

Have you ever had difficulty from a private parking firm? Unfair ticket? Bully-boy tactics? We’d really like to know, so leave a message in the box below

Yet another fine mess – parking tickets on private land

The automobile seller’s dilemma: Private sale or part-exchange?

Want to sell your auto? Possibly you are trading-up to a new auto (or a ‘new’ used auto) to mark the arrival of the 15 registration plates on March 1?

So how do you make sure you’re getting the greatest price tag for your current set of wheels?

Deal or no deal?

The easiest way to sell a automobile is to method a specialist dealer – particularly if you are prepared to portion-exchange your auto for a new one.

BUT you’ll only ever get the trade cost for your car this way. Promoting the car privately is the only way to get the full retail worth.

And that can make a big difference to the amount of cash you receive. You are most likely to get 10% or 15% much more from a private buyer than a dealer.

So say you are selling a vehicle worth about £5,000, you stand to make an further £500 or more undertaking the deal this way.

Private investigations

Private sales have disadvantages, although.

You will have to do the legwork – advertising the automobile, dealing with calls or messages from interested purchasers and arranging viewings and test drives.

You will also have to be on your guard against scams such as dodgy payments.

So which way of selling your car is appropriate for you?

Selling privately – the pros and cons

• The massive bonus with a private sale is that you will get much more money for your automobile (if you stick to your guns and get the proper cost – this can be up to 15% much more in some circumstances).

• BUT it’s up to you to advertise the auto and deal with interested parties, which will take time and comes with certain risks, such as tyre-kickers and timewasters, unrealistic purchasers trying to screw you on the cost and, if you’re really unlucky, con-artists and crooks.

Trading-in – the pros and cons

• The main advantage to trading-in a car rather than promoting it privately is ease and comfort. There’s no writing adverts or fielding calls, and if something goes wrong you can take it up with the dealership.

• You ought to get a slightly better deal on element-exchange than if you sell your vehicle outright to a dealer.

• BUT you’ll by no means get as a lot as you would have if you’d sold it privately.

Selling privately – top tips

• Advertise your automobile on-line as properly as locally. Websites such as Gumtree are a good location to start.


• Put a For Sale sign in the auto window to catch the eye of passers-by.


• Describe the automobile accurately in your adverts and make certain it is roadworthy ahead of putting it up for sale.


• Clean it inside and out, and get rid of any evidence of dog hairs or cigarette smoke.


• Collect all the relevant paperwork, including the V5C registration certificate, the service history and MOT certificate.


• Never ever let the purchaser go on a test drive alone – they may possibly not come back! And verify they are insured to drive the auto.


• Safeguard your self by selecting a secure payment method such as PayPal.

Trading-in – prime tips

• Diverse dealers will supply you distinct valuations, so shop about for a very good deal prior to agreeing to a sale price.


• Haggle – most dealers will work a bit of flexibility into their value as they know individuals feel much better if they believe they have negotiated a far better deal.


• Tell DVLA that you have sold the vehicle right away. That way, you will automatically get a refund from DVLA of any road tax you’ve still got left to run (full ‘unused’ months only).

This is crucial however you sell the car!

The automobile seller’s dilemma: Private sale or part-exchange?

Undervaluing Medibank Private: taxpayers face a raw deal

By Elizabeth Savage, University of Technology, Sydney

The IPO of Medibank Private is set to take location on November 25, and the indicative share price variety in the prospectus released these days suggests a market capitalisation of between A$ 4.3 billion and A$ 5.5 billion.

In public hands, Medibank has paid dividends of about A$ 450 million to the government over the past 2 years.

There are mixed opinions on regardless of whether the privatisation of Medibank will be largely optimistic or negative. Nonetheless, from the point of view of Australian society all round, the privatisation is a great selection financially only if the revenue from the sale compensates for the loss of future returns.

Assuming that dividends of A$ 450 million would continue in perpetuity, the most current revenue estimates implies a discount price of among 8.2% and 10.5%. This is a higher discount rate for a comparatively low-danger asset. Medibank’s status as a low-threat asset is supported by the government making use of each carrots (premium subsidies) and sticks (premium loadings for higher revenue earners without having private health cover) to push folks to sign up to its services.

Recommended discount prices for valuing low danger public assets are typically closer to 4%. For riskier assets, like electrical energy, they are about 7%. Even the latter rate implies a sales price target of $ 6.4 billion. If the sale raises $ 5.5 billion, the taxpayer is still most likely to lose out.

This ought to not come as a great surprise. In several previous sales of government assets, the revenues gained have not been sufficient to compensate for future losses. University of Queensland Professor of Economics John Quiggin has been a longstanding critic.

Governments tend to be myopic in relation to such sales. Their own short–term interests typically outweigh those of the Australian neighborhood general. Professor Bob Walker and Dr Betty Con Walker argue that taxpayers frequently come out effectively behind when public assets are privatised.

This has carried out practically nothing to dampen the optimistic rhetoric from the government and Medibank itself. For the government, the funds from privatising Medibank will be offered immediately rather than accruing in future years and to future governments. In a tight spending budget setting this is clearly desirable.

Even so, the Australian Healthcare Association, hospital groups and doctors are generally against the adjust. They fear bigger private insurers will use greater industry energy to drive down quality in the interests of larger returns to shareholders. An additional issue is the expense of wellness insurance for consumers.

What about the effect on insurance premiums?

Many commentators suggest there will be little impact on premiums arising from the sale itself. The argument relies on the regulatory atmosphere remaining the identical. One widespread theory is that competition from the other 33 firms in the private wellness insurance coverage industry will keep premiums exactly where they are. Nonetheless, while it might appear superficially like a lot of competitors, in reality the marketplace is quite concentrated.

In 2012 the largest 2 insurers, Medibank Private and BUPA, had 54% of all policies. The smallest 24 health cover firms manage only 8% of this marketplace. In addition the market share of for-profit businesses elevated from .4% in 1995 to 68.6% in 2012.

The recent Competition Policy Review draft report is likely have a significant effect on shoppers and the sector. It recommends 2 important changes to the regulation of the private health insurance coverage market.

The initial is the removal of ministerial approval for annual increases in private health insurance premiums and its replacement by an unspecified “price monitoring scheme”. The second is to allow the expansion of private well being insurance coverage to main care. This would let private insurance coverage to cover gap payments from GP visits, specialist consultations and healthcare tests.

If these suggestions are accepted, there will be less price handle on fees and premiums. Large for-profit insurance coverage businesses will have an expanded marketplace and even much more industry energy. Over time the market could turn out to be even a lot more concentrated, even though it is rapidly approaching the Australian Competitors and Consumer Commission’s threshold for a high-concentration industry.

Without government oversight and regulation of premiums, the big for-profit players in the market like Medibank and BUPA would be significantly far more capable to exercising their market place power in pursuit of greater returns to shareholders.

The release of the Competitors Policy Assessment draft report was timed prior to the Medibank share provide. If the marketplace anticipates the government will accept the report’s suggestions on private overall health insurance coverage, investors may possibly be prepared to pay a lot more for Medibank Private shares.

Raising $ 4 billion from the sale could look really little with hindsight. It is worth comparing the revenue from the sale with the annual expense of the private health insurance rebate which expense the budget $ 5.5 billion in 2013-14.

A sale price tag properly in excess of $ 4 billion would most likely be heralded as a main accomplishment by the government. Even so, taxpayers could well be large losers from the privatisation especially if we face a deregulated overall health insurance coverage marketplace.

Elizabeth Savage has received study funding from the Australian Analysis Council and the National Overall health and Healthcare Study Council. She has also undertaken commissioned study for the Australian Department of Health and Ageing.

This write-up was initially published on The Conversation.
Study the original report.

Undervaluing Medibank Private: taxpayers face a raw deal