Fisc Parking Solutions, are in the business of helping owners and occupiers of private land, protect their property from other motorists parking there unfairly.
Owners and tenants of private land should be able to reserve parking for legitimate users, whether it be customers, residents or staff members.
We are here to make sure that your land does not get abused.
In England & Wales the Protection of Freedoms Act 2012 came into force on 1st October 2012.
It provides legislation to private parking companies, such as FISC Parking Solutions LTD, to recover unpaid parking charges from the registered keeper of a vehicle if the name and address of the driver are not known, providing the full POFA criteria is met. If we are not notified by the registered keeper of the name and address of the driver (within 28 days of requesting that information) the registered keeper is liable to pay the parking charge.
The Protection of Freedoms Act 2012 states (under Schedule 4) that we can charge drivers/registered keepers (as applicable) the amount stated on our car park signage. Our parking charges comply with the guidance issued by the British Parking Association.
Any challenge against a parking charge can only be made to us within 28 days of the date of notification of the parking charge. If we reject a challenge made within 28 days, there are two options.
POPLA will consider your appeal and if it is accepted the matter will be closed. If your appeal is not accepted the full parking charge remains due and owing; and if payment is not made our debt recovery agents may pursue payment, (at which point a further charge will be made, as stated on our car park signage). If payment is still not made Court proceedings may be issued, at which point Court costs will be claimed.
Note: You cannot pay a Parking Charge Notice and appeal to POPLA simultaneously.
With respect to unauthorised parking on private property, a strong legal argument can be made by the land owner under the laws of trespass.
A person entering and parking on privately owned land without the permission of the legal owner is trespassing on that land for the duration that the vehicle is parked.
If the land owner can prove the trespass, then he or she is entitled to recover nominal damages, even if he or she has not suffered any actual loss or damage. If the trespass has caused the land owner to suffer loss or damage, then he or she is entitled to an amount to compensate for that loss or damage.
In order for the land owner to claim costs for trespass in the form of Parking Charge Notice, there must be prominent and easily observed signage warning that unauthorised parking will result in a charge.
When there is prominent and clear signage displayed by the owner of private land warning drivers of parking regulations, a motorist enters a contractual agreement to pay a parking charge if he or she parks in contravention those regulations.
We operate our collection procedures under the Administration of Justice Act 1970.
The Protection of Freedom Act 2012 (POFA 2012) The Protection of Freedom Act 2012 (POFA 2012) Schedule 4 provides regulation for recovery of parking charge notices issued on private land. The act introduces keeper liability for the first time on private land – on condition that an independent adjudication service is made available for motorists.
The Act stipulates that contract (car park terms and conditions) is between the driver and car park operator. If the driver is unknown then the registered keeper of the vehicle is requested to provide the name and the address of the driver. If the register keeper refuses to do this or ignores the notice to keeper then after 28 days have passed, the registered keeper becomes liable for the parking charge and can be pursued for payment.
AOS DVLA Code of Practice for Private Parking Enforcement When obtaining the keeper’s registration details for an unauthorised parked vehicle in order to enforce parking charges, Fisc Parking Solutions Ltd strictly adheres to the British Parking Association and DVLA’s Code of Conduct. This ensures that lawful, ethical and fair business practices are employed by us at all times. Data Protection Act 1998.
We will not disclose any information regarding the registered keeper’s details to the land owner, just as we will not disclose the land owner’s details to parking offenders. This is in accordance with the Data Protection Act 1998.
Phone: +44 (0) 20 3907 7733
E-Mail: info@fiscparkingsolutions.co.uk
Company Registration Number: 13258072
Address: 124 City RdLondon EC1V 2NJ, UK.
© 2024 FPS.
