The Protection Of Freedoms Act 2012 (POFA) contains laws to deal with parking on private land. Previously, it was lawless with regards to private land owners allowed to clamp vehicles as they wish. This is now outlawed, and the only exceptions are by government agencies, local authorities, bailiffs and the police.
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What Is The Protection of Freedoms Act 2012?
The Protection of Freedoms Bill gained royal assent on 1st May 2012, which became the POFA. The bill was initially introduced into the House of Commons on 11th February 2011. It was then passed into the House of Lords on 12th October 2011.
The introduction of the POFA removed the requirement for identity cards and unnecessary laws. This helped safeguard civil liberties, restore freedom and reduce the intrusion the government has into our individual lives. Because of this, the National Identity Register and identity cards have been scrapped. The specific part of the POFA that applies to parking is Schedule 4.
What Is Schedule 4 of The Protection of Freedoms Act 2012?
Schedule 4 of the POFA implemented a change in law to make the registered keeper of a vehicle accountable for parking charges acquired on private land. This only applies if the registered keeper does not identify the driver at the time. This is known as the keeper liability. It should be noted that the keeper liability only applies to relevant land. Land that is covered by byelaws are excluded from the POFA. Previously, the land owner could only chase up the driver of the vehicle at the time for the charge. This is because it was them they had the contract with.
The Protection of Freedoms Act 2012 Parking On Private Land
In relation to parking on private land, there is no specific legislation regarding it. The POFA places a ban on private land owners with regard to unlawful vehicle removal and clamping.
Private car park owners can’t gain lawful authority to tow and/or clamp a vehicle by getting the driver’s consent to do so. However, the land owners can get lawful authority to restrict vehicles with the use of fixed barriers, if they have the driver’s consent. These are often used at the entry and exit points of the car parks.
The driver’s consent is obtained by their choice to use the car park, where a means of vehicle restriction is used, and this has been made reasonably clear upon entry. If a private land owner finds that they need to have a vehicle removed from their land after, and they don’t have lawful authority, they must contact the authorities to remove the vehicle for them. Lawful authority only applies in cases where specific legislation is in force which allows for vehicles to have their movement restricted, be moved and/or immobilised.
Independent Appeals Service
With the implementation of the POFA there was a requirement to establish an independent appeals service for private Parking Charge Notices. There are two Accredited Trade Associations (ATA), the British Parking Association (BPA) and the International Parking Community (IPC). Each were required to create their own independent appeals service. This paved the way for the inception of Parking on Private Land Appeals (POPLA), for BPA members, and the Independent Appeals Service (IAS), for IPC members.
Are POPLA and IAS Truly Independent?
Can we really say for certainty that POPLA and IAS are truly independent? This is due to the fact that Private Parking Companies (PPCs) are required to join an ATA. This is only if they require data from the DVLA. One of the requirements of joining an ATA is that they have to pay a membership fee. Therefore, there is the potential for a conflict of interest and bias towards their members. However, since 2015 POPLA has been run by Ombudsman Services, which could provide less bias.
TLDR: The Protection of Freedoms Act 2012
- The Protection Of Freedoms Act 2012 (POFA) helps to deal with parking on private land, including unlawful vehicle clamping and removal;
- Private land owners must contact the authorities to remove a vehicle on their behalf;
- Schedule 4 of the POFA makes it so the registered keeper of a vehicle is accountable for any parking charges acquired on private land;
- Land that is covered by byelaws are excluded from the POFA;
- There are independent appeals services. The Independent Appeals Service (IAS) is for International Parking Community (IPC) members. Parking on Private Land Appeals (POPLA) is for British Parking Association (BPA) members;
- IAS and POPLA may not be as independent as it may seem as their members need to pay them for their membership. So there is the possibility of a bias there.
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