A Brighton Boy Blogs

For anyone fighting an unfair, unjustified or illegal PCN from Brighton & Hove City Council’s illustrious parking department, you may be interested to know that my appeal with the Parking Tribunal (now properly named the Traffic Penalty Tribunal) won by default because the Council didn’t even bother to present any evidence to the Tribunal.

Mine was a case of being accused of parking in a loading bay at 06:30 in the morning whilst not loading, whereas in fact I was loading – see also the original posts Testing the Parking Tribunal and Brighton & Hove Parking – criminal racket in disguise

So… you park in a car park where there are no clear signs of how you should pay or how much you should pay, or indeed to whom you should pay it. Then you get a threatening letter some time later charging a fine for “illegal” parking. Then the debt collector’s letters start, then the solicitor’s letters, and ultimately the threatening, intimidating phone calls. I bet the majority of you will just pay up. And I’m not being sexist here, but most of the people who pay up will be female – they’re just so easy for these telephone debt collectors to intimidate. That’s the reason this racket continues to grow into a multi-million pound business.

I had just such a run-in with Meteor Parking at Brighton Station car park. Visit the car park and you’ll see entry and exit barrier machines all wrapped up in plastic with their barriers removed, as if they’re now disused, which in fact they are. You’ll see cameras dotted about. But until recently you wouldn’t have seen clear signage that says whose car park this is, how much it costs and displaying clear terms and conditions, and it’s debateable whether they’re clear even now. Even if you did see such things, merely parking in the car park would not represent a clear breach of contract – because under UK law you cannot unwittingly enter into any contract, or be tricked into entering into one.

So when you get the “fine”, be very clear in your mind. Though it’s made to look threatening, and as similar as possible to something from the Police or government, that’s just the first part of the process of intimidation. It’s not a fine. A fine can only be levied by an organisation authorised by statute, that is when a law has been passed or a license granted by government to collect such a fine. Meteor Parking is not. Nor are a whole host of other parking companies (Park Direct Ltd, TCP, UK Parking Control, Euro Car Parks etc) which have sprung up over the past 20 years. All they can do is issue you with an invoice, and even then it’s fraudulent if there’s not a clear contract that you’ve entered into with your full knowledge.

So let’s turn to the debt collectors – Roxburghe – well, apart from sending a threatening letter or two, they were pretty ineffectual. The worrying one is “Graham White Solicitors”. Check their records. They have one solicitor listed – one Michael David Sobell, who was admitted as a solicitor in 1962 – http://www.lawsociety.org.uk/choosingandusing/findasolicitor/view=solicitordetails.law?id=183218&orgid=272121&searchType=L. But you’ll never hear from him… instead you get letters threatening you, intimidating you, and even adding extra charges from nowhere for “administration” or “costs”. Then you get calls – several per week – what sounds like and is clearly a busy call centre, staffed by rather cocky, pushy chaps claiming to represent Graham White Solicitors who will desperately try to justify their attempts to get you to pay up with a credit card over the phone. These are not solicitors – nor paralegals – nor legal secretaries. These are just call centre debt collectors. They quote laws that don’t exist. They claim powers for authorities who either don’t exist or who have no such powers (like the British Parking Association who, it was claimed, have the power to license or shut down ANY car park in the UK – which they don’t – they’re just a professional association). They say you’ve parked “illegally”, which suggests that you’re in breach of some sort of parking control legislation – but at the most it’s a minor breach of an implicit, assumed contract. They will threaten your credit rating. They will threaten civil litigation, small claims court, county court judgements (CCJs) – anything they can use to worry you into paying. One complete idiot even mentioned getting points on my driving license if I didn’t pay up! Eventually they’ll even start offering you discounts if you pay right now. They really don’t like it when you actually know more than they do – which generally isn’t hard, if you’ve done your research. Several times they’ve lost their temper and put the phone down on me.

Feeling alone? Don’t. Look here…  http://forums.moneysavingexpert.com/showthread.php?t=2329119&page=1 - and see that there are lots of people in the same position. Let’s use some logic for a moment – through all this I have been in contact with a whole host of people employed solely to collect money on a rather dodgy principle of law. If this wasn’t a huge money-making enterprise, how on earth could they afford all this? Go-Ahead sold Meteor Parking to Vinci Park Services in September 2010 for a whopping £11M. Then there’s Graham White Solicitors – all those employees, all that effort. And so much desperation in their tactics. So please don’t be intimidated into paying if you don’t think you should.

Oh, and… this is to the Law Society, the Solicitors Regulation Authority and the Legal Ombudsman. If you’re fed up with your noble profession being viewed in a negative light; if you’d like to be seen by the public as an honourable, trustworthy profession… well, you know what to do. Regulate your solicitors. Put your house in order.

N.B. The firm Graham White Solicitors mentioned in this article is Graham White Solicitors of Manor House, Lavender Park Road, West Byfleet, KT14 6ND, tel 01932 332 020, fax 01932 352 617 specialising in Civil Litigation, Commercial Property, Landlord and Tenant and is wholly unrelated to Graham White & Co of Bushey, Herts.

Update, February 2012: For more than six months I’ve heard nothing more from Roxburghe or Graham White Solicitors, or indeed Meteor Parking. Today I sent the following email to The Law Society, because I know if I was leading a professional body like the Law Society, I’d be pretty damned annoyed about someone taking the good name of the profession in vain like the so-called “Graham White Solicitors”.

Brighton Parking Restriction Notice

Today is Sunday. The parking restrictions on my road are clearly displayed as Mon-Fri noon-1pm. There are very faded, patchy single & double yellow lines which haven’t been repainted for years, and a few months ago there were Council notices tied to lamp posts about lifting parking restrictions to allow more parking locally. So what was a traffic warden doing walking up & down issuing parking tickets? The Council is probably hoping that people are idiots who get scared into paying up even when they don’t have to. Hopefully they’re wrong.

A parking ticket (PCN) illegally issued by Brighton & Hove City Council

So, Brighton & Hove City Council – please tell us – what will it take to stop you and your imbeciles from wasting everyone’s time and money with these continued attempts to extort money from people fraudulently?

After I reported my parking ticket woes in my post entitled Brighton & Hove Parking – A Criminal Racket in Disguise, I appealed the PCN and got a rejection notice from the Council. No surprise there – after all they have to earn their money from somewhere, even if it’s from fraud.

Well, my fellow business breakfast club members were up in arms at the claims by Brighton & Hove City Council that I had parked my vehicle in a loading bay early one morning without any loading being observed. “But that was the morning of your presentation” one said, “I saw you unloading all your kit”. Others agreed and were outraged at Brighton & Hove City Council’s blatant attempt at criminal fraud.

So, one by one they submitted signed witness statements for me to forward to the Parking Tribunal. Unfortunately the rejection notice had arrived whilst I was away, which didn’t help, particularly as they give you a measly 28 days to bring the case to the notice of the Parking Tribunal. Not a lot when you have to gather evidence from disparate sources. But why should I be surprised when the vested interests of the multi-million pound parking racket are at stake, that everything should be stacked in their favour and run to their schedule?

So, now I await the outcome of the Tribunal and I’ll let you know when it arrives.

Some time later: Well, I have to report that Brighton and Hove City Council didn’t even bother trying to defend my appeal, and so the Parking Tribunal found in my favour by default. This indicates that the council knew all along that it didn’t have a leg to stand on & was just hanging on in the vain hope that I would shut up, give up and pay up.

In a week when my car was unceremoniously seriously injured by a motorist (thanks, Mr Farmer) who blamed me (the oncoming traffic) after he thought it’d be ok to execute a right turn across the carriageway from a stationary, parked position without indication or regard for oncoming traffic, I thought things couldn’t get much worse. So there I was, unloading my hire car in the loading bay in front of the Courtlands Hotel in Hove, for a breakfast business meeting, thinking “it’d be just my luck to be ticketed in a loading bay, but at least I’m loading”… only to return to the car at 8:25am in the middle of loading again to see a traffic warden – sorry, Civil Enforcement Officer – issuing a parking ticket – sorry, Penalty Charge Notice (PCN). I’ve had experience of these before, of course, and rarely as a result of illegal parking – see “ One Hour’s Parking for the Price of Two” for the last piece of Brighton & Hove City Council idiocy.

This particular traffic warden (number 685 – from his “signature” he’s called Mr Squiggle) seemed to be taking far too much pleasure from the mere routine issue of a piece of bureaucratic paperwork, as do many of them. It’s important to realise that Brighton & Hove City Council’s Civil Enforcement Officers – please let’s just call them traffic wardens for sanity’s sake – are not given direct incentives or enticements to issue tickets, which might encourage them to issue more and more marginal tickets in order to achieve their personal or set targets. No, that would just be good old plain wrong. However according to Brighton & Hove City Council staff, absolutely nothing is done to prevent staff from maintaining private bets and sweepstakes which might engender an undue sense of competition between traffic wardens, and according to at least one member of staff these are rife. Such activities in other sectors would be regarded as acts of gross professional misconduct, but the parking business is rather different. In addition, there is strong first-hand evidence to suggest that the Council sets targets for parking revenues, and that traffic wardens who are underperforming face disciplinary action and loss of employment. OK, so scratch my “no direct incentives or enticements” statement… I think you can safely say that there are incredibly strong incentives for staff to issue as many parking tickets as possible.

Of course the system is built with no flexibility – or indeed politeness. Once you’ve been issued with a ticket, the only ways out are through the system and out the other side – either by written appeal, paying the penalty, or fighting bailiffs (which the Council parking staff love to threaten you with) & going to court. So once that ticket is printed out from the proudly wielded little electronic device the traffic wardens all carry, it has already cost you time and money. Since this ticket was issued wrongly, I should be charging for my time spent on the matter by invoicing the Council and chasing for the debt – but there’s no “sorry we cocked up” latitude built into the system either. Parking has been set in legislation as a legalised racket which Councils and private firms can exploit to their hearts’ content.

And all the little hitlers can go on having fun and making money at our expense – twice – because while we pay with our Council Tax for their perversely pleasurable little betting games, we also pay for the entire machine to grind away raking in our parking fines too. What an utter waste of time, money and resources. Please, Mr Osborne, how about we cut the parking bureaucracy first?

See also Testing the Parking Tribunal and Parking Tribunal Victory over Brighton & Hove City Council