'Illegal' parking fines may be repaid to motorists

Drivers could be entitled to millions of pounds in refunds after an independent motoring charity accused private parking companies of issuing fines illegally.

The RAC Foundation has accused private parking companies of handing out fines that are disproportionate to the losses suffered by drivers parking on private land.

In its report, barrister John de Waal QC said these charges could be seen by the courts as penalties and so could be unenforceable, the BBC reports.

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The motoring charity argues that the current ticketing system is "barely regulated" and drivers continue to be "short-changed" by private companies.

In 2012 clamping or towing a vehicle without lawful authority on private land was outlawed in an attempt to end abuses by rogue clamping firms. However, the charity says that overstay fines were effectively being used as an alternative.

The RAC Foundation's director, Professor Stephen Glaister, says millions of drivers could be due a refund when the report is tested in court. He estimates that drivers may have been overcharged by £100m in 2013 alone.

"We would like to see this legal argument tested in a higher court so that a binding precedent is set," he told the Daily Telegraph.

He is calling on the government to do "what it should have done at the outset" and set out what constitute reasonable charges. "Ministers thought that the ban on clamping would end parking problems on private land. As we warned at the time, they were wrong."

Motoring lawyer Brian Koffman welcomed the report, saying drivers often feel they have no chance of contesting such fines. "Many just give in and think they will pay it". Reaching a decision on this area of public law is, he believes, "in the public interest."

A Department for Transport spokesperson said the government has been clear about wanting to see an end to unfair parking practices and that it is firmly "on the side of the motorist".