However, according to the Ministry of Justice, there is no immediate need for a law on private parking enforcement, as the legal security of citizens has not been compromised.
Parliamentary the law committee wants the ministry of justice to start investigating the legal situation and the need for regulation of private parking supervision.
The Legal Affairs Committee has sent a letter to the Ministry of Justice.
The patriarch is based on a parliamentary initiative that received widespread support in the second year and an action initiative submitted last year.
In the bill it is required that parking enforcement be limited to a public task by law in order to avoid the disadvantages of private parking enforcement.
“With the expansion of private parking enforcement, citizens are increasingly faced with situations of interpretation and controversy where their legal security is weak. At the same time, disputes over the control fees imposed by parking companies, in particular on their correctness and reasonableness, have increased both in the Consumer Disputes Board and in the courts, ”the bill says.
Read more: Private parking error can be challenged: HS gives advice to consumer authorities on when to do so
The bill proposes to add a ban on the penalty for private parking errors to the Parking Control Act. According to the proposal, a contractual term which would impose a contractual penalty or a penalty payment for a parking error would be void.
There is now no special legislation on private parking enforcement. Private parking enforcement is largely based on case law. Not everyone has considered this a good situation.
Committee on Legal Affairs the patrol letter sent by him is relatively rare, though not quite an unusual way of doing things.
The letter is one way in which the committee can draw the Ministry’s attention to the matter when it is known that the government does not intend to submit a bill to Parliament during this parliamentary term, but it is known that the matter is perceived as important by Parliament. In this case, the bill has more than 120 signatories.
“I signed it myself. I realized then that there are challenges in the initiative, but it is also a way for Parliament to give a task to the ministry, ”says the chairman of the Legal Affairs Committee. Leena Meri (ps).
Meri points out that the regulation of private parking is a long-standing problem that Parliament has tried to solve before.
“We have said that the fact that the matter is, so to speak, based solely on case law cannot be considered satisfactory.”
The letter of patition sent by the Legal Affairs Committee is relatively rare, although not quite an unusual way of doing things.
Committee on Legal Affairs heard the Ministry of Justice during the hearing. According to the report received, the regulatory solution based on the nullity of a contract term proposed in the bill is not feasible as such but requires a thorough preparation of the law with fundamental rights and impact assessments.
“The bill proposes that the so-called fine imposed by the private car park would be void. It is very exceptional to set aside such an agreement as interpreted by the Supreme Court. There are a lot of problems in it that should be solved legally, ”says Meri.
Committee on Legal Affairs says in its exhortation letter that it attaches importance to “the theme and the findings of private parking enforcement”.
Fault fees for parking imposed by private parking enforcement companies will be contacted by the Finnish Competition and Consumer Authority, and disputes will be heard by the Consumer Disputes Board and the courts.
According to the Legal Affairs Committee, special regulation of private parking enforcement would clarify the situation.
The Committee on Legal Affairs states that, in view of the above, “the Committee considers it desirable to introduce special rules for private parking enforcement”.
Ministry of Justice has found out that in 2016–2019 the Finnish Competition and Consumer Authority received an average of about a thousand contacts related to parking control. According to the Ministry, the amount is not large given the scope and nature of private parking control.
It is clear from the statement made by the Ministry of Justice to the Law Committee that, unlike the majority of MPs and the Law Committee who signed the bill, the Ministry does not consider private parking control to be a very problematic matter.
According to the Ministry of Justice, there is no immediate need for legislative reform, “although the legislative reform could clarify the legal status of private parking enforcement”.
According to the opinion, there are no indications that the legal security of citizens in general would be jeopardized by the activities of private parking companies.
The Ministry of Justice points out that those who have received an unjustified error fee can take the matter to the Consumer Disputes Board and receive guidance from the Consumer Advice. In addition, the dispute may be brought before the General Court.
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