Removal of Implied Contract bumper sticker

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This page was last updated on: 17th Mar 2024

Are Carpark ANPR fines illegal?

There is a huge debate going on in the Houses of Parliament currently about the huge fines being handed out by private parking tickets. Since occupiers of land are no longer allowed to clamp on Private land, many have resorted to hiring Private Parking Companies to "fine" people for parking on their land. They cannot really hand out FINES as this would be illegal under the Bill of Rights 1688/89, so they call them "Parking Charge Notices" or PCN's. These are enforced under CONTRACT law and when you drive onto a carpark with signs clearly posted around the carpark, apparently you have read the notices and agree to the terms and conditions! So if you didn't enter into the contract in the first place, you cannot be charged for breaching the "implied" contract.

GDPR

The General Data Protection Regulations 2018 (GDPR) give the general public a way to fight back in the Corporations illegal sharing of data. The minute a Private Parking Company start processing your information (ANPR first contact with your car) they are processing information about you without your permission. You have recourse under the GDPR which was passed into UK Statute law in the form of the DATA PROTECTION ACT 2018.

You can, under this new legislation, request a copy of ALL data stored about you on a company's computer by doing an SAR (Subject Access Request). You can also request that a company STOPS processing your data under Chapter3 Section47 DPA 2018.

Do I appeal my "fine" to POPLA or BPA?

If you paid and you can prove a genuine error by the company, this may be your best route. But in many instances, you can go straight to the Land Owner who can tell the company to withdraw the ticket. Customers of ALDI can get Parking Eye to withdraw their ticket if they can show they are a genuine customer and a mistake was made. This is WITHOUT going through the Corporate appeals system. Make sure your ticket is brought to the attention of the area manager in the case of ALDI.

In most other cases, it is a BAD IDEA to go through the complaint system. By appealing, you are confirming details of the case that the parking company would not otherwise know, like who was driving or the fact a ticket was purchased proving an "implied contract". So be careful if you appeal, do not concede any legal points.

The British Parking Association (BPA) or the Parking On Private Land Association (POPLA) are industry funded ombudsman services that give the illusion of a fair appeals system. Corporations have simply created a Corporate appeals system to hoodwink drivers into thinking that is the way to get tickets dismissed. While a percentage of tickets will be dismissed because genuine mistakes have been made by the flawed ANPR system, the majority of charges are upheld and people believe that they have to pay them. DISPUTE these charges using our Private Parking Template Letter.

Do not concede any legal points, like - Who was driving the vehicle - as the Corporations can only find out who the "registered keeper" is and not the driver.

A Private Parking Company will write and say that you have to tell them who was driving, but hey, if I wrote to you and asked who was driving your car on a particular day, would you have to tell me? NO. The Legal Occupier of the land might have case to ask you for the information, but a Private Parking Company does not. The companies write to people and say " Paragraph 9(2)(b) of Schedule 4 of the Protection of Freedoms Act 2012" says if you are the registered keeper, you must provide us with the details of who was driving. But this is only relevant if the Driver has entered into a CONTRACT with the LEGAL OCCUPIER of the land or the "person authorised to enter into a contract with the driver".

Section 1 of this Act states:

“relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—

(a)the owner or occupier of the land; or

(b)authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land;

Who is the Legal Occupier of the Land?

It is the legal occupier of a land who must raise the issue of a Civil Tort of Trespass. So the "Occupier of the Land" must be the one who raises the issue in court unless the Private Parking Company can prove they are the "authorised person" by showing you the contract. Private Parking Companies, when requesting information should prove they are authorised by Legal Occupier of the land AND that the driver has entered into a contract with them.

So DISPUTE any tickets issued for parking on private land with our template letter. Never ignore them as by ignoring them, you accept that you owe them! under the Civil Procedure Rules that run the Civil Courts in the UK.

Where can I get my removal of "implied contract" parking sticker?

We can post you our a set of 2 stickers, one for the back of the car and one for the front. They are best positioned near the numberplate. When an ANPR (automatic number plate recognition) camera takes a picture, the evidence that they attempt to use in court against you will PROVE that you DID NOT enter into an "IMPLIED CONTRACT"

We suggest a £14.99 donation to cover the cost of postage and manufacture of the stickers but we would appreciate anything extra, you can spare to help in keeping the Beat the Bailiffs pages going. Just include your address to post to in the notes or

email: stevespy@live.co.uk to send your shipping address.

Who found out about this "loophole"

Credit where credit is due, Solicitor Nick Freeman AKA "Mr Loophole" first found out about how

Private and Council carparks were getting away with fining people on private land. READ MORE HERE.

He wrote to an MP who asking why squatters on a carpark had not been "fined", it was because they had

Not entered into a Contract and did Not Agree to the terms and conditions.