DIY ethic offers new way of enforcing private sites

In the wake of the clamping ban, FlashPark’s Costas Constantino tells Deniz Huseyin self-ticketing offers landowners a transparent, inexpensive and effective alternative

THE manner in which unauthorised parking is tackled on private land will change significantly over the next year, predicts Costas Constantino, owner of FlashPark. He says the clamping ban in England and Wales, which came into force on 1 October under the Protection of Freedoms Act 2012, is merely the first step in the transformation of enforcement on private land.

“I can envisage a system where the first letter a motorist gets for unauthorised parking on a private site will be a warning only,” says Constantino. “If drivers re-offend they will clearly be in breach of the contract and a parking charge will apply.

“This should help address the concerns of aggrieved motorists. There can be no excuses for re-offending after being warned. We are now considering giving clients the option of issuing a warning notice first.”

An online solution

Constantino is intent on being at the forefront of change, being the first to introduce a ‘self-ticketing’ system that offers an affordable and non-confrontational way of tackling unauthorised parking on private land. In many cases there is no need for costly ANPR or barrier-controlled systems, he argues, as the self-ticketing option can work just as well at a fraction of the cost.

“If you want to instal a barrier system you’re looking at £5,000,” says Constantino. “Then there is the maintenance contract to consider. And it doesn’t make sense to instal ANPR at a smaller site that doesn’t have a high turnover of vehicles. It’s just not worth the outlay.”

The tools needed for the FlashPark approach comprise standard signage and a digital camera. FlashPark takes care of the back office process, requesting driver data from the DVLA and then sending out enforcement notices.

Once a landowner sets up an online account with FlashPark it is sent aluminium warning signs – the number it requires is determined by the size of the site – which they must display in prominent locations.

The signs warn that unauthorised parking will result in an enforcement notice being issued. Landowners are required to take photographs showing the positioning of all signs. “These photos must clearly show the positions of the signs at the entrance, exit and around the parking area,” says Constantino. “The photos should define the area within which offending vehicles will be reported. This will help us to successfully handle appeals.”

Photographic evidence

Every enforcement notice must be backed up with time and date stamped photographic evidence, Constantino points out. “I don’t see how a landowner can expect to win a case at appeal without it.”

He cites how one client carried out enforcement at night, but consistently failed to submit clear images. “We could not see the registrations clearly,” says Constantino. “We brought this to the client’s attention, but they carried out doing it, so we closed the account. We will not tolerate anyone who fails to adhere to the terms and conditions of our code.”

Clients must agree to use FlashPark’s standard warning notices, which are approved by the Word Centre, which helps organisations use plain English.

Constantino says there are two common excuses made by motorists;  they either didn’t see the sign or didn’t understand them.

 Landowners also need to take photos that clearly show the vehicle, its registration and the background. There must also be an image that shows the vehicle’s position in relation to the warning notice.

If the site is a pay & display car park, the landowner will have to take an additional photo of the vehicle’s windscreen to either reveal the absence of a ticket or an expired ticket.

Photos and vehicle details then have to be submitted to the FlashPark website within five days of the offence. The firm sends an electronic request to the DVLA for the vehicle owner’s data, which is normally dealt with within 24 hours. Once this data is received, FlashPark posts the registered owner an enforcement notice.  

Enforcement notices are set at £85, which is reduced to £65 if paid within 14 days, with an additional£5 discount if paid online. Landowners receive £15 for each ticket paid. At no point does the landowner have to touch the vehicle or place an enforcement notice on it, Constantino explains. “All they have to do is ensure they take the required images and provide correct information about the vehicle.”

The chief object of self-ticketing is to combat unauthorised parking, not generate revenue, insists Constantino. “What landowners should be aiming to do is solve the parking problem. Most of our clients don’t make much revenue out of the system because compliance is so high.”

If any offenders return to their cars while photographs are being taken, the enforcement process should stop, says Constantino. “Landowners should advise the driver that they have parked on private property and refer them to the warning notices. They should inform the driver in a polite and professional manner that no action will be taken, but if they were to park there again they risked receiving a parking enforcement notice.”

Sign rentals

The chief source of revenue for FlashPark comes from renting out signs to landowners rather than penalties, Constantino says. “We used to sell clients the signs, but this meant we were just getting a one-off payment. Now clients rent the warning notices instead. An annual rent gives the business greater long-term security, and means the client’s initial outlay is even lower,” he explains.

“My business model does not revolve around collecting as many tickets as possible. Our priority is to rent as many signs as possible – that’s where we see the future.”

Most of the parking problems landowners face can be solved by self-ticketing, believes Constantino. “The signage in itself should be enough of a deterrent. Rather like a burglar alarm, it will result in the offender giving up and going elsewhere.”

Constantino estimates that 75% - 80% of FlashPark clients never issue a ticket. Of those who receive a ticket 65% pay up promptly, he says. “We’ve found that if people accept the ticket was issued correctly they will pay up.”

As for the minority who refuse to pay their parking charge notices, Constantino takes a sanguine view. “Even if people don’t pay, there’s good chance they won’t come back. So, in it’s way that also contributes to improved compliance,” he says.

But FlashPark takes a tougher line against persistent evaders. “If they’ve got more than one unpaid ticket then we advise the landlords to place our red fluorescent notices on the windscreen – that always stops repeat offenders.

The firm now has 1,390 clients, of whom more than 670 actively enforce their sites, says Constantino. Clients include local authorities, housing associations, retail parks, prison services and colleges. “I want to be the No.1 website for landowners that want to enforce parking on private land,” says Constantino. “I want to be the Facebook of parking!”

Handling appeals

FlashPark’s remit includes handling appeals from motorists, and Constantino recognises that in some cases there may be mitigating circumstances. For example, the firm will cancel parking charges if the vehicle has a Blue Badge, is registered to a charity  assisting disabled or elderly people or offers ‘Meals on Wheels’.

Fees collected are also waived in cases involving unmarked emergency service vehicles or where a motoring organisation vehicle, such as the AA or RAC, had come to the aid of a motorist.

In other cases FlashPark might advise the motorist to contact the landowner, who can then use their discretion. “There may well be mitigating circumstances – but the motorist would have to supply evidence. There is a charge of £7 for revoking the ticket, which the landowner might cover themselves or pass on to the motorist.”

If motorists remain unsatisfied with a company’s response to their complaint, they can take their case to the new independent appeals service called POPLA (Parking on Private Land Appeals). The new service is being run for the British Parking association by London Councils, which already runs PATAS (Parking and Traffic Appeals Service).

Constantino thinks the new scheme will put more pressure on private land enforcers to ensure they have adequate evidence of a contravention. “Firms will have to pay £27 every time they lose an appeal. That should concentrate minds and help ensure that enforcement is carried out fairly and transparently,” he predicts.

http://www.flashpark.co.uk

FlashPark: From clamps to cameras

Costas Constantino first entered the parking enforcement business in 1990 when he set up a clamping firm in the London borough of Camden. “In those days we charged a release fee of £50, but then more and more unscrupulous operators got involved who started charging extortionate amounts,” Constantino recalls.
The Private Security Act 2001 resulted in the setting up of the Security Industry Authority (SIA), which attempted to tackle rogue clampers. “The SIA did get rid of some of the con merchants, but it didn’t stop clamping firms charging high release fees,” he says.
Constantino set about finding an alternative method in 2002 he carried out a trial for the Probation Service in Bromley. “This involved staff filling in the details of offenders’ vehicles and sending them to us. We then got registered vehicle details from the DVLA and posted out tickets. The client seemed pleased with the arrangement, but there was no evidence that a contravention had actually taken place. No ticket has been issued to the vehicle, so what proof was there that it had ever been in the car park?”
The appearance on the market of digital cameras and the speed of the internet provided Constantino with his solution. In 2007 he launched the FlashPark self-ticketing system. “This was the breakthrough for us,” he says. “It means we can show beyond doubt that unauthorised parking has been committed at a site.
“A landlord can report an offence instantly regardless of location. And it offers a fair and proportionate alternative to clamping. The clamping ban means that landowners are looking around for a cost effective alternative solution, and FlashPark provides that. Sales of parking posts and other related traffic control equipment is expected to rise.”
He adds: “Small companies that offer self-ticketing won’t survive without a regular fee from the landlord. The time has come for parking enforcement companies to charge for their services. Gone are the days where cash up front from the motorist played the way.”