- Surveillance cameras and DVLA access
Most enforcement companies use mounted ANPR cameras to photograph your vehicle registration plate on entry to, and exit from, the car park. The data extracted is passed across automatically to the DVLA, a government department that tracks vehicles and their owners. This arrangement is provided to members of the British Parking Association for a transaction fee. All of the parking enforcement companies are members of the BPA and agree to be bound by its rules. In the words of GOV.UK:
“To access that data, operators must demonstrate that they have a reasonable cause to receive it as well as be a member of a DVLA-accredited trade association. To become an accredited trade association, the DVLA requires a trade body to have a code of practice, provide guidance on how it expects its members to operate, as well as setting standards for operators, covering, for example, signage, dealing with complaints, managing appeals against parking charges, setting caps for parking charges and debt recovery fees, and setting expectations for early payment discounts. They are also required to have a mechanism to enforce their code of practice, and they must provide an independent, second stage appeals service.”
- PCNs (Parking Charge Notices)
The time-stamped photographs of the offending vehicle are sent to the owners address on a Parking Charge Notice. This is not a fine (as they are not allowed to take the law into their own hands) but it is an invoice. The companies are allowed to set the value of the invoice according to the inconvenience caused, revenue missed and the costs of recovery caused by the breach of contract. They are also entitled to pursue payment through the legal system.
- Collection Letters
The letters used by parking enforcement companies can cause great distress and anger to consumers. This is largely due to the aggressive, manipulative and pseudo-legal language that is selected. For example, some letters will make reference to courts, bailiffs or credit ratings when none of those are ever likely to be involved. The frequency of collection letters can overwhelm some consumers who lead busy lives and might not be able to respond to appeal options in time. The offer of early payment discounts convince many consumers to ‘cut their losses’ and make payment.
Note: Most parking enforcement companies do not read your letters of protest at all. They simply file and ignore them whilst continuing with collection letters because most people give up at some point and pay. They use standard credit collection software to generate and escalate letters automatically and cheaply so there is rarely any human involvement in the process.
- Appeals types and success rates
Members of the BPA support an appeals process called POPLA (Parking on Private Land Appeals). According to their 2023 Annual Report, they handled 93,000 appeals in 2023 – allowing 14,840 but refusing 51,501 appeals. Over 22,000 appeals were not contested by the operators. You can log your case with them and supply details over the Internet. Bear in mind that engaging with POPLA may mean that you lose any available discounts for prompt payment.
However, you do not have to use POPLA. You can write directly to the parking enforcement company – just don’t expect them to engage with you.
- Use of Third Party collectors
It is a common tactic for parking enforcement companies to employ a third party to continue the debt collection process using your shared case information. It enables them to disassociate themselves from the final part of the process and focus their business efforts elsewhere.
The involvement of a new company can create concerns for the consumer and their names and language often appear more aggressive, pushing more people to abandon their case and make a payment.
NOTE: Their involvement actually makes no difference to your case. Quite often, the debt collectors have not been informed of your dispute details – which could cause problems for them later on.
- Small Claims Court and beyond
In previous years, legal disputes for smaller disputed sums would be sent to the Small Claims Track of a County Court. Nowadays, you may be pursued through the Civil National Business Centre or even be offered mediation from HM Courts & Tribunals Service. In any case, you will have accumulated large amounts of paperwork and still be worried about the outcome.
By this stage, the debt collection or enforcement company will be expending considerable time and money in processing the case. They may have to use their own legal department or hire solicitors and, just like you, they will be getting tired of the case and may decide not to pursue it.
Believe it or not, this is likely to be the only time that they pay any attention to your letters and argument. If you have not paid by now, they have to take you seriously – so it might be time for them to cut and run. If so, you will receive a simple notification that they have decided not to pursue the case any further.
