The Law of Trespass

Anyone who enters and parks a vehicle on privately owned land without the permission of the occupier will be trespassing on that land for the duration that they are there. If the claimant can prove trespass, he/she is entitled to recover nominal damages, even if he/she has not suffered any loss or actual damage. If the trespass has caused the claimant actual loss or damage he/she is entitled to receive an amount that will compensate for that loss. If a claimant can prove that the trespasser has entered and made use of the claimants land without permission, the claimant is lawfully entitled to receive a reasonable level of compensation in the form of damages for that use. A claim can also be made where there is a breach of parking regulations which are clearly stated on warning notices.

Contractual Law

By Parking and thus ignoring the warning signs the offending motorist has entered into a contractual agreement to pay a penalty charge. We operate our collection procedures under The Administration of Justice Act 1970.

DVLA Code of Practice for Private Parking Enforcement

VJC Parking Management adheres to the DVLA’s Code of Conduct to ensure lawful, ethical and fair business practice when obtaining the offending vehicle keepers registration details for the purpose of enforcing parking penalties which remain unpaid.

Data Protection Act 1998

Compliance with the Data Protection Act ensures that client and parking offenders details are strictly confidential. Thus, after we have obtained the registered keepers details from the DVLA we will not disclose this information. Similarly client details are never disclosed to parking offenders.

Road Traffic Act 1991

VJC Parking Management processes Civil Penalty Notices in accordance with the road traffic act 1991. The act sets out the procedures that must be followed, from the issue of the CPN through to the recovery of the penalty. Under The Road Traffic Act 1991, the owner of the vehicle is liable for any CPN issued to it even though they may not have been the driver on that occasion.

The owner is taken to be the registered keeper as recorded at the DVLA. Appeals must be made within 14 days from the issue date of the CPN or parking clamp. After 14 days you have no legal right to appeal.

VJC Parking Management may however be able to exercise discretion and cancel the CPN if there are compelling grounds to do so. Payment of the penalty charge must be made within the 28 day period following issue of the CPN, VJC Parking Management will increase the penalty charge to £135 and pass on the offending vehicle registered details to our legal department and debt recovery agent to commence recovery of the outstanding debt, with possible action taken through the civil courts.

If an appeal is made against the CPN, VJC Parking Management will give full consideration to the points raised taking into account all the circumstances that have been explained and decide whether the CPN should be cancelled, Information (including photographs) taken by the parking attendant at the time of issue of the penalty notice will also be taken into account by VJC Parking Management.

If the appeal is accepted, the vehicle owner will be advised that the CPN has been cancelled and that the penalty charge is not payable. If the appeal is rejected, VJC Parking Management will send a notice of rejection , which will explain why the CPN cannot be cancelled. You will have 7 days from the rejection date of the appeal to pay the penalty at the discounted rate of £60.