Car park fines to be given back

Sep 25 2009 by Lisa Boyle

TRADING standards officers are hailing it a massive success after forcing a car parking company to refund fines.

The hard working team worked tirelessly to resolve the issue at the old MFI car park in Ayr.

Scores of angry drivers went to trading standards when they received £150 demands from Star Parks.

The company have now begun refunding the fines after intervention from the team.

As refunds and cancellation notices fall on doormats all over Ayrshire, David Thomson, trading standards manager, explained what was happening behind the scenes.

He said: “Like many other car park operators, Star Park used CCTV cameras to record the times motorists entered and left the area.

“When a driver doesn't pay or stays too long on the site the company contacts DVLA to receive the registered keeper's address.

“The company then automatically generates a penalty charge notice for payment.

"However, in order for a private company to gain access to motorist's personal details there are strict rules with which they must comply. In particular they must carefully follow the code of conduct laid down by the British Parking Association (BPA).”

David continued: “The code sets out requirements about the positioning, size and lettering that are required on signs in private car parks. The Star Park signage did not comply in our opinion.

“Some motorists complained that while there were signs present, they were very badly placed and the text was too small.

"Others alleged they simply didn't see them and couldn't make an informed choice about whether to park and enter a contract.

“Whilst no one has a right to free parking on private land, they do have a right to know if they're entering an agreement with the car park operator.

“We were also concerned at the level of the excessive penalties for breaching the rules of a £1 per hour parking site.

“We raised strong objections regarding the car park's non-compliance with the code among many other issues.

“After working closely with Star Park, the BPA, DVLA and BNP Paribas (the estate management company who appointed Star Park) we are pleased to have initially obtained the company's agreement to a cessation to the issuing of fines and thankfully now a refund to those who paid.”

Eddie Peatson, 82, received a fine from Star Parks but vowed to meet them in court before he stumped up the cash.

He has now ripped up his fine and has started using the car park again.