RONFROMYORK / SHUTTERSTOCK
Checking to see if the company you choose
to work with is a member of the British Parking Association is a must
Persistent offender syndrome According to industry sources, there are 2.45 million blue disabled badges on issue in the UK, which is roughly one-in-20 of the population. This provides an interesting comparison to the figures about the number of disabled drivers quoted earlier in this article. So that’s 1.9 million disabled drivers, but almost 2.5 million badges? That suggests some serious problems in the system of Blue Badge allocation. For the private landlord, the most annoying syndrome is undoubtedly that of the persistent offender, and abuse of designated disabled bays probably presents the most trying circumstances in which to identify and deal with malefactors. No one wants to hassle a genuinely disabled driver, but equally no one wants to have disabled bays abused. The Department for Transport has calculated the monetary value of a blue badge at £2,714 outside of London and £5,644 in London, so there are significant values attached to any frauds or scams involved.
Abuse of the Blue Badge However, there are relatively few actual fakes around – again, industry sources suggest that almost three quarters of badge misuse is attributable to the family and friends of the registered blue badge holder. Some people have a lot to answer for.
So, with the ultimate deterrent of clamping effectively removed* from the armoury of parking services providers, what are the remedies? Firstly, you can ask your provider to help you check out the local by-laws, as you may find there are exceptions to the act codified in these quite powerful instruments of the law. Municipal by-laws are of a public regulatory nature that apply in defined geographical areas and are often enforceable through the public justice system. Offenders in breach can be charged with a criminal offence. Whisper it quietly – you may even be entitled to clamp!
Laws of contract and trespass In general, however, parking enforcement on private land is unregulated and relies on the laws of contract and trespass. Ask your service provider particularly about the importance of accurate, clear and well-positioned signage. Checking to
32 FEBRUARY 2013
see if the company you choose to work with is a member of the British Parking Association is a must post legislation, if you want to ensure that correct procedures are being followed and that the law is well understood.
The Automobile Association (AA), one of the most active campaigners for the abolition of wheel clamping, now bemoans on its website what it calls the surge in the number of PCNs issued by private parking enforcers since the Protection of Freedoms Act was passed. Quite what other outcome it expected is difficult to fathom but, in fairness, its guidelines to motorists do exhort them not to ignore either the rule (they make a special mention of disabled bays) or any parking charge notice placed on the car. I believe that there is a hardcore of motorists who are trying to take advantage of what they see as a weakening of private landlords’ position in relation to parking
www.britishparking.co.uk
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