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Parking Charge Notice
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By *ostosa OP Couple 26 weeks ago
North of England |
Hi everyone,
I’m seeking some advice from anybody who would have some sound knowledge about paying/not paying a parking charge notice.
We parked in a private car park and paid for two hours parking and then went about our business. We then returned 20 minutes late and drove home. Two weeks later we received a £100 fine for being over by twenty minutes.
I fully accept we were over by twenty minutes and take full responsibility for that but given we had paid for a ticket the £100 fine seems disproportionate to the offence of only being twenty minutes over the time we paid for.
Is it worth challenging this fine?
Does the private company have any legal authority to enforce upon us and make us pay the fine?
Like I say, I acknowledge being twenty minutes over but £100 seems excessive and I feel these companies try and scare people into paying fines.
Thank you in advance for any advice given.
Xx |
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You’re right - it is harsh and totally disproportionate, but I’m afraid you’re still liable to pay their penalty. There is no sliding scale (but there should be). You should get 50% off if you pay quickly though? |
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"Hi everyone,
I’m seeking some advice from anybody who would have some sound knowledge about paying/not paying a parking charge notice.
We parked in a private car park and paid for two hours parking and then went about our business. We then returned 20 minutes late and drove home. Two weeks later we received a £100 fine for being over by twenty minutes.
I fully accept we were over by twenty minutes and take full responsibility for that but given we had paid for a ticket the £100 fine seems disproportionate to the offence of only being twenty minutes over the time we paid for.
Is it worth challenging this fine?
Does the private company have any legal authority to enforce upon us and make us pay the fine?
Like I say, I acknowledge being twenty minutes over but £100 seems excessive and I feel these companies try and scare people into paying fines.
Thank you in advance for any advice given.
Xx"
Just write back that you do not agree with there invoice. Ask them to justify it.
As it is not a fine. It’s a bill. They would have to show a loss to enforce the cost in court and it probably would not be worth their while to try it.
But what ever you do do not ignore it. |
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"Hi everyone,
I’m seeking some advice from anybody who would have some sound knowledge about paying/not paying a parking charge notice.
We parked in a private car park and paid for two hours parking and then went about our business. We then returned 20 minutes late and drove home. Two weeks later we received a £100 fine for being over by twenty minutes.
I fully accept we were over by twenty minutes and take full responsibility for that but given we had paid for a ticket the £100 fine seems disproportionate to the offence of only being twenty minutes over the time we paid for.
Is it worth challenging this fine?
Does the private company have any legal authority to enforce upon us and make us pay the fine?
Like I say, I acknowledge being twenty minutes over but £100 seems excessive and I feel these companies try and scare people into paying fines.
Thank you in advance for any advice given.
Xx
Just write back that you do not agree with there invoice. Ask them to justify it.
As it is not a fine. It’s a bill. They would have to show a loss to enforce the cost in court and it probably would not be worth their while to try it.
But what ever you do do not ignore it. "
^ this.
Challenge the cost, in many cases it’s cheaper for the company to dismiss it rather than go through a legal process. |
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If it was a Local Authority or reputable company running the car park id expect then to offer a reduced charge if paid in a shorter period.
If however its a private run 'bully boy'tactics private company be very careful how you handle it.Either pay up in full or get some proper advise from Citizens Advise,time scale allowing and then pay,or it may drag on and on and once they get stuck into you charges can just escolate upwards too the skies ther limit.
Good Luck though  |
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I am not a lawyer and this is not legal advice, but I have ignored every parking charge notice I've ever received that wasn't from a council or the police, and nobody has ever sent further contact about it. |
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By (user no longer on site) 26 weeks ago
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If there is regulatory signage informing you of the potential fine for over stay then I doubt if you have a case. However if the landowner / leaseholder has a business registered and regulated by the BPA then it maybe worth contacting the company.
However the law has recently been decided that
What the law says
The Court of Appeal in April 2015 dismissed an appeal brought by Barry Beavis, against Parking Eye and in doing so confirmed that in general the operation and management of parking on private land, the associated charges, and legal context are legitimate, proportionate and fair.
Their Lordships accepted that landowners do have the right to manage their land, impose charges at a level which deters motorists from overstaying or not complying with published terms and conditions and allows the car park to be managed effectively and that Parliament has endorsed this principle in the Protection of Freedoms Act.
The Court of Appeal did not consider a parking charge of £85 issued by a private parking company as unenforceable or unfair, since it was not extravagant or unconscionable and compares with those charges applied by local authorities in similar circumstances. The Appeal Court all accepted that the parking charge made in this case was not a penalty but a deterrent, and the issue of genuine pre-estimate of loss is not relevant.
Also be aware of the time scales on the FPN as these firms are very quick to sell on the debt and then what is commonly termed a cluster fuck ensues. |
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"If there is regulatory signage informing you of the potential fine for over stay then I doubt if you have a case. However if the landowner / leaseholder has a business registered and regulated by the BPA then it maybe worth contacting the company.
However the law has recently been decided that
What the law says
The Court of Appeal in April 2015 dismissed an appeal brought by Barry Beavis, against Parking Eye and in doing so confirmed that in general the operation and management of parking on private land, the associated charges, and legal context are legitimate, proportionate and fair.
Their Lordships accepted that landowners do have the right to manage their land, impose charges at a level which deters motorists from overstaying or not complying with published terms and conditions and allows the car park to be managed effectively and that Parliament has endorsed this principle in the Protection of Freedoms Act.
The Court of Appeal did not consider a parking charge of £85 issued by a private parking company as unenforceable or unfair, since it was not extravagant or unconscionable and compares with those charges applied by local authorities in similar circumstances. The Appeal Court all accepted that the parking charge made in this case was not a penalty but a deterrent, and the issue of genuine pre-estimate of loss is not relevant.
Also be aware of the time scales on the FPN as these firms are very quick to sell on the debt and then what is commonly termed a cluster fuck ensues."
In this case though they paid for parking but were late back so could be argued they should get a bill for the overstayed parking not a charge to deter unpaid parking.
It comes down to how much you want to fight it. |
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By (user no longer on site) 26 weeks ago
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"If there is regulatory signage informing you of the potential fine for over stay then I doubt if you have a case. However if the landowner / leaseholder has a business registered and regulated by the BPA then it maybe worth contacting the company.
However the law has recently been decided that
What the law says
The Court of Appeal in April 2015 dismissed an appeal brought by Barry Beavis, against Parking Eye and in doing so confirmed that in general the operation and management of parking on private land, the associated charges, and legal context are legitimate, proportionate and fair.
Their Lordships accepted that landowners do have the right to manage their land, impose charges at a level which deters motorists from overstaying or not complying with published terms and conditions and allows the car park to be managed effectively and that Parliament has endorsed this principle in the Protection of Freedoms Act.
The Court of Appeal did not consider a parking charge of £85 issued by a private parking company as unenforceable or unfair, since it was not extravagant or unconscionable and compares with those charges applied by local authorities in similar circumstances. The Appeal Court all accepted that the parking charge made in this case was not a penalty but a deterrent, and the issue of genuine pre-estimate of loss is not relevant.
Also be aware of the time scales on the FPN as these firms are very quick to sell on the debt and then what is commonly termed a cluster fuck ensues.
In this case though they paid for parking but were late back so could be argued they should get a bill for the overstayed parking not a charge to deter unpaid parking.
It comes down to how much you want to fight it. "
The Court of Appeal did not consider a parking charge of £85 issued by a private parking company as unenforceable or unfair, since it was not extravagant or unconscionable and compares with those charges applied by local authorities in similar circumstances. The Appeal Court all accepted that the parking charge made in this case was not a penalty but a deterrent, and the issue of genuine pre-estimate of loss is not relevant.
This is factored into the ruling.
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By (user no longer on site) 26 weeks ago
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"I am not a lawyer and this is not legal advice, but I have ignored every parking charge notice I've ever received that wasn't from a council or the police, and nobody has ever sent further contact about it."
Conversely I know of someone who was denied a mortgage as one of these companies had issued a county court proceeding.
Take your chance! |
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In my experience, if its NCP or euro car parks pay them. They have the ability to fight for every penny on every fine they produce.
If its a "mickey mouse" local firm, they are more likely to lose money taking a day off in court.
Good luck |
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i'd definitly google it loads...
if not an official traffic warden or police force you could get off on technicality'
google it but i dont think there allowed to call it a penalty charge notice if not official , theres definetley clauses to appeal it / not pay it.
i got clamped in a similar situation , kind of knew my rights , walked to local police station for advice and they said i can cut it off so i did...
p.s have they sent any photographic proof/evidence what time you entered and exited the said car park..
personally i'd fight it all the way. |
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By (user no longer on site) 26 weeks ago
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"i'd definitly google it loads...
if not an official traffic warden or police force you could get off on technicality'
google it but i dont think there allowed to call it a penalty charge notice if not official , theres definetley clauses to appeal it / not pay it.
i got clamped in a similar situation , kind of knew my rights , walked to local police station for advice and they said i can cut it off so i did...
p.s have they sent any photographic proof/evidence what time you entered and exited the said car park..
personally i'd fight it all the way."
Depends on how you value your time.
There is the law of diminishing returns to consider! |
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"Hi everyone,
I’m seeking some advice from anybody who would have some sound knowledge about paying/not paying a parking charge notice.
We parked in a private car park and paid for two hours parking and then went about our business. We then returned 20 minutes late and drove home. Two weeks later we received a £100 fine for being over by twenty minutes.
I fully accept we were over by twenty minutes and take full responsibility for that but given we had paid for a ticket the £100 fine seems disproportionate to the offence of only being twenty minutes over the time we paid for.
Is it worth challenging this fine?
Does the private company have any legal authority to enforce upon us and make us pay the fine?
Like I say, I acknowledge being twenty minutes over but £100 seems excessive and I feel these companies try and scare people into paying fines.
Thank you in advance for any advice given.
Xx
Just write back that you do not agree with there invoice. Ask them to justify it.
As it is not a fine. It’s a bill. They would have to show a loss to enforce the cost in court and it probably would not be worth their while to try it.
But what ever you do do not ignore it. "
What happens if you ignore it ? |
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"Hi everyone,
I’m seeking some advice from anybody who would have some sound knowledge about paying/not paying a parking charge notice.
We parked in a private car park and paid for two hours parking and then went about our business. We then returned 20 minutes late and drove home. Two weeks later we received a £100 fine for being over by twenty minutes.
I fully accept we were over by twenty minutes and take full responsibility for that but given we had paid for a ticket the £100 fine seems disproportionate to the offence of only being twenty minutes over the time we paid for.
Is it worth challenging this fine?
Does the private company have any legal authority to enforce upon us and make us pay the fine?
Like I say, I acknowledge being twenty minutes over but £100 seems excessive and I feel these companies try and scare people into paying fines.
Thank you in advance for any advice given.
Xx
Just write back that you do not agree with there invoice. Ask them to justify it.
As it is not a fine. It’s a bill. They would have to show a loss to enforce the cost in court and it probably would not be worth their while to try it.
But what ever you do do not ignore it. What happens if you ignore it ?"
You can end up with ccj against you and owe lots. And the cluster that can then ensue. |
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"Hi everyone,
I’m seeking some advice from anybody who would have some sound knowledge about paying/not paying a parking charge notice.
We parked in a private car park and paid for two hours parking and then went about our business. We then returned 20 minutes late and drove home. Two weeks later we received a £100 fine for being over by twenty minutes.
I fully accept we were over by twenty minutes and take full responsibility for that but given we had paid for a ticket the £100 fine seems disproportionate to the offence of only being twenty minutes over the time we paid for.
Is it worth challenging this fine?
Does the private company have any legal authority to enforce upon us and make us pay the fine?
Like I say, I acknowledge being twenty minutes over but £100 seems excessive and I feel these companies try and scare people into paying fines.
Thank you in advance for any advice given.
Xx
Just write back that you do not agree with there invoice. Ask them to justify it.
As it is not a fine. It’s a bill. They would have to show a loss to enforce the cost in court and it probably would not be worth their while to try it.
But what ever you do do not ignore it. What happens if you ignore it ?"
You could end up with bailiffs at your door and your car clamped, as my brother had last week. The bailiff was fuming when he produced his blue badge and the clamp had to be removed and he never got a penny of the £425 he demanded. |
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"I am not a lawyer and this is not legal advice, but I have ignored every parking charge notice I've ever received that wasn't from a council or the police, and nobody has ever sent further contact about it.
Conversely I know of someone who was denied a mortgage as one of these companies had issued a county court proceeding.
Take your chance!"
I should probably also have specified that this only applies to Scotland, where the law is slightly different and they have no way to force you to identify the registered keeper of the car. If you're in England, definitely don't ignore it. XD |
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I never pay these, never. I estimate has made 20-30. Not one has had the courage to test it in court. I know others have been tested in court and they are keen to tell you this but if you look into the specifics of those tested you’ll realise why they won’t pursue 99%
yours would never get to court & if you say you think the fee is it’s ‘unreasonable’ and make an offer to correct the amount paid in line with tariff it makes it almost impossible for them to pursue . Send that email then forget about it |
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By *ucka39Man 26 weeks ago
Newcastle |
Hiya op
If in the parking area is a notice of penalties whether payment received or parking without those are the rules permitted as your duration timed out
Id go check what there's is by going and having a good read or if you are aware of the company check online.
Displayed notices have to be visible of penalties as a warning to those who park without paying |
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"Hi everyone,
I’m seeking some advice from anybody who would have some sound knowledge about paying/not paying a parking charge notice.
We parked in a private car park and paid for two hours parking and then went about our business. We then returned 20 minutes late and drove home. Two weeks later we received a £100 fine for being over by twenty minutes.
I fully accept we were over by twenty minutes and take full responsibility for that but given we had paid for a ticket the £100 fine seems disproportionate to the offence of only being twenty minutes over the time we paid for.
Is it worth challenging this fine?
Does the private company have any legal authority to enforce upon us and make us pay the fine?
Like I say, I acknowledge being twenty minutes over but £100 seems excessive and I feel these companies try and scare people into paying fines.
Thank you in advance for any advice given.
Just as a bit of advice
If they sent you a picture from an camera just check what time and date is on the pictures and your ticket
Sometimes they are not correct
And that is something you can challenge it
If only to make them work for the money!!
£100 does sound a lot
But as it is a private company
You may just have to pay up
Good luck anyway
Xx"
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Hello.
It's an invoice not a fine.
They may take you to court.
They WILL keep sending you inflated letters threatening you all the time.
Just don't write to them at all.
Do not ADMIT to being the driver
They may know the car is registered to you but they don't know you were driving it ( unless they have a clear pic ) and you are not obliged to give the name of the driver as far as I am aware.
It might be easier to pay the invoice at half price than to contest it.
I contested mine , with lots of evidence written and pictoral and they gave up in the end and didn't take me to court. |
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"If there is regulatory signage informing you of the potential fine for over stay then I doubt if you have a case. However if the landowner / leaseholder has a business registered and regulated by the BPA then it maybe worth contacting the company.
However the law has recently been decided that
What the law says
The Court of Appeal in April 2015 dismissed an appeal brought by Barry Beavis, against Parking Eye and in doing so confirmed that in general the operation and management of parking on private land, the associated charges, and legal context are legitimate, proportionate and fair.
Their Lordships accepted that landowners do have the right to manage their land, impose charges at a level which deters motorists from overstaying or not complying with published terms and conditions and allows the car park to be managed effectively and that Parliament has endorsed this principle in the Protection of Freedoms Act.
The Court of Appeal did not consider a parking charge of £85 issued by a private parking company as unenforceable or unfair, since it was not extravagant or unconscionable and compares with those charges applied by local authorities in similar circumstances. The Appeal Court all accepted that the parking charge made in this case was not a penalty but a deterrent, and the issue of genuine pre-estimate of loss is not relevant.
Also be aware of the time scales on the FPN as these firms are very quick to sell on the debt and then what is commonly termed a cluster fuck ensues."
I've grown to DETEST this quote/case.
It's a decade ago ...... as us super heroes say -'is that all you got ? ' |
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I had two from private companies, a couple of years ago and ignored both.
I was sent regular threatening legal action letters - which were quite scary, at first - but I never responded. They lessened in frequency and finally stopped after a year.
It costs nothing for them to send a letter, but is costly to take you to court.
A few other folk have had the same outcome.
As Granny said, IGNORE THEM. DON'T REPLY OR ENGAGE.
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"If there is regulatory signage informing you of the potential fine for over stay then I doubt if you have a case. However if the landowner / leaseholder has a business registered and regulated by the BPA then it maybe worth contacting the company.
However the law has recently been decided that
What the law says
The Court of Appeal in April 2015 dismissed an appeal brought by Barry Beavis, against Parking Eye and in doing so confirmed that in general the operation and management of parking on private land, the associated charges, and legal context are legitimate, proportionate and fair.
Their Lordships accepted that landowners do have the right to manage their land, impose charges at a level which deters motorists from overstaying or not complying with published terms and conditions and allows the car park to be managed effectively and that Parliament has endorsed this principle in the Protection of Freedoms Act.
The Court of Appeal did not consider a parking charge of £85 issued by a private parking company as unenforceable or unfair, since it was not extravagant or unconscionable and compares with those charges applied by local authorities in similar circumstances. The Appeal Court all accepted that the parking charge made in this case was not a penalty but a deterrent, and the issue of genuine pre-estimate of loss is not relevant.
Also be aware of the time scales on the FPN as these firms are very quick to sell on the debt and then what is commonly termed a cluster fuck ensues.
I've grown to DETEST this quote/case.
It's a decade ago ...... as us super heroes say -'is that all you got ? ' "
Exactly. Its this simple -if it made a precedent why are they not all going to court ?
Last few years I’ve actually found they go away much quicker if you don’t try and wind them up, pretend to be helpful like you want to get it resolved never use the words without prejudiced in communications like you are saying nothing you wouldn’t be prepared to have read out in court. It’s a game of course, but if you communicate well I don’t think they realise that |
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"I had two from private companies, a couple of years ago and ignored both.
I was sent regular threatening legal action letters - which were quite scary, at first - but I never responded. They lessened in frequency and finally stopped after a year.
It costs nothing for them to send a letter, but is costly to take you to court.
A few other folk have had the same outcome.
As Granny said, IGNORE THEM. DON'T REPLY OR ENGAGE.
"
Problem with not replying at all is it is not the actions of a reasonable or innocent person when sent an invoice , reminders and final demands. Reasonable people would want to resolve it. They know this , it can put you in a much worse position later |
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"I had two from private companies, a couple of years ago and ignored both.
I was sent regular threatening legal action letters - which were quite scary, at first - but I never responded. They lessened in frequency and finally stopped after a year.
It costs nothing for them to send a letter, but is costly to take you to court.
A few other folk have had the same outcome.
As Granny said, IGNORE THEM. DON'T REPLY OR ENGAGE.
Problem with not replying at all is it is not the actions of a reasonable or innocent person when sent an invoice , reminders and final demands. Reasonable people would want to resolve it. They know this , it can put you in a much worse position later "
As a reasonable person who pays all her bills on time, I asked around & read up on what to do. The evidence I found indicated nothing would come of it. And it turned out to be accurate.
Yes, it's a gamble. Yes, it WAS quite scary at first. But they get easier to avoid once the frequency lessens and you realise they're losing heart. |
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By (user no longer on site) 26 weeks ago
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"If there is regulatory signage informing you of the potential fine for over stay then I doubt if you have a case. However if the landowner / leaseholder has a business registered and regulated by the BPA then it maybe worth contacting the company.
However the law has recently been decided that
What the law says
The Court of Appeal in April 2015 dismissed an appeal brought by Barry Beavis, against Parking Eye and in doing so confirmed that in general the operation and management of parking on private land, the associated charges, and legal context are legitimate, proportionate and fair.
Their Lordships accepted that landowners do have the right to manage their land, impose charges at a level which deters motorists from overstaying or not complying with published terms and conditions and allows the car park to be managed effectively and that Parliament has endorsed this principle in the Protection of Freedoms Act.
The Court of Appeal did not consider a parking charge of £85 issued by a private parking company as unenforceable or unfair, since it was not extravagant or unconscionable and compares with those charges applied by local authorities in similar circumstances. The Appeal Court all accepted that the parking charge made in this case was not a penalty but a deterrent, and the issue of genuine pre-estimate of loss is not relevant.
Also be aware of the time scales on the FPN as these firms are very quick to sell on the debt and then what is commonly termed a cluster fuck ensues.
I've grown to DETEST this quote/case.
It's a decade ago ...... as us super heroes say -'is that all you got ? ' "
Seems so.
You probably were not aware of it until you read it here. But it’s on the books!
The issue of CCJs are time consuming and could end up in financial turmoil
Frankly I really don’t care ! |
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Surly they cannot fine / charge a vehicle ? They can only charge / bill the person who parked it.
But
Under GDPR rules they cant ask that question? or if they do, I’m not sure anyone is obliged to give that information isn’t it under GDPR confidential
Just a thought |
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By (user no longer on site) 26 weeks ago
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"Surly they cannot fine / charge a vehicle ? They can only charge / bill the person who parked it.
But
Under GDPR rules they cant ask that question? or if they do, I’m not sure anyone is obliged to give that information isn’t it under GDPR confidential
Just a thought"
It’s all about the registered keeper of a vehicle. If you’re a member or certain trade associations you can access the dvla data base. It has nothing to do with GDPR. |
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Did the letter actually say "fine" or was it a parking charge. If it is the former then it would not be enforceable, as they do not have the legal right to fine you.
I had an overstay about 5 years ago at a Mcdonalds car park (ever glamorous). Since then i have been written to around 20 times by about half a dozen different debt collection companies, with their own costs added. However as soon as the first one arrived, i knew it would never successfully go to court because farming the charge out to a debt collection company, who add their own costs to your bill is an abuse of process and would be instantly thrown out by a judge. |
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Read all the signs. My wife parked in a private car park which had 32 signs and only 17 parking places.
Luckily one sign said cars would be clamped!! Yes!! Clamping by private companies is illegal in Britain. The payment is demanded under a contract assumed to have been entered into by whomever parks there. However, any contract that contains an illegal act at its inception is not enforceable in Law. We got off without question.  |
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Yep its an invoice and in reality if you just ignore it the likelyhood of them persuing you through the county court for one ticket is unlikely
As suggested above look up blackbelt barrister on youtube, plenty of advice on there.
If It was me I would just pay it just to avoid the stress of threating letters. Just like I pay my TV licence. but thats me |
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I do remember reading a case in the newspaper of a guy who parked in a pub carpark rather than pay for a parking space in the train station.
He got a parking invoice every day for years. The pub only took him to court and he owed 15k. The judge ordered him to pay it |
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Not read the responses so don’t know if this has been mentioned.
Have you checked YouTube?
There are plenty of vids (check the blackbeltbarrister) that tell you the things that must be displayed at car parks.
You may find they have missed a minor detail off a sign that the legally need to have. |
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"If there is regulatory signage informing you of the potential fine for over stay then I doubt if you have a case. However if the landowner / leaseholder has a business registered and regulated by the BPA then it maybe worth contacting the company.
However the law has recently been decided that
What the law says
The Court of Appeal in April 2015 dismissed an appeal brought by Barry Beavis, against Parking Eye and in doing so confirmed that in general the operation and management of parking on private land, the associated charges, and legal context are legitimate, proportionate and fair.
Their Lordships accepted that landowners do have the right to manage their land, impose charges at a level which deters motorists from overstaying or not complying with published terms and conditions and allows the car park to be managed effectively and that Parliament has endorsed this principle in the Protection of Freedoms Act.
The Court of Appeal did not consider a parking charge of £85 issued by a private parking company as unenforceable or unfair, since it was not extravagant or unconscionable and compares with those charges applied by local authorities in similar circumstances. The Appeal Court all accepted that the parking charge made in this case was not a penalty but a deterrent, and the issue of genuine pre-estimate of loss is not relevant.
Also be aware of the time scales on the FPN as these firms are very quick to sell on the debt and then what is commonly termed a cluster fuck ensues."
Great to know whose side the Court of Appeal is on! |
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"I do remember reading a case in the newspaper of a guy who parked in a pub carpark rather than pay for a parking space in the train station.
He got a parking invoice every day for years. The pub only took him to court and he owed 15k. The judge ordered him to pay it"
Seeems fair if he knowing avoided displayed charges every day and wasn’t using the pub the pub would have a very good case.
What you have to remember with civil law like this as it’s very rare that two cases are the same. But English law has principles of fairness and reasonableness and contracts can be ver written and even implicitly, consumers have many rights too when buying services, which include information. |
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By (user no longer on site) 26 weeks ago
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"If there is regulatory signage informing you of the potential fine for over stay then I doubt if you have a case. However if the landowner / leaseholder has a business registered and regulated by the BPA then it maybe worth contacting the company.
However the law has recently been decided that
What the law says
The Court of Appeal in April 2015 dismissed an appeal brought by Barry Beavis, against Parking Eye and in doing so confirmed that in general the operation and management of parking on private land, the associated charges, and legal context are legitimate, proportionate and fair.
Their Lordships accepted that landowners do have the right to manage their land, impose charges at a level which deters motorists from overstaying or not complying with published terms and conditions and allows the car park to be managed effectively and that Parliament has endorsed this principle in the Protection of Freedoms Act.
The Court of Appeal did not consider a parking charge of £85 issued by a private parking company as unenforceable or unfair, since it was not extravagant or unconscionable and compares with those charges applied by local authorities in similar circumstances. The Appeal Court all accepted that the parking charge made in this case was not a penalty but a deterrent, and the issue of genuine pre-estimate of loss is not relevant.
Also be aware of the time scales on the FPN as these firms are very quick to sell on the debt and then what is commonly termed a cluster fuck ensues.
Great to know whose side the Court of Appeal is on!"
As sad as it may seem the judiciary don’t take sides they interpret and administer justice. They are also known to create law! |
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By *ojo2joWoman 26 weeks ago
Penclawdd |
"Hi everyone,
I’m seeking some advice from anybody who would have some sound knowledge about paying/not paying a parking charge notice.
We parked in a private car park and paid for two hours parking and then went about our business. We then returned 20 minutes late and drove home. Two weeks later we received a £100 fine for being over by twenty minutes.
I fully accept we were over by twenty minutes and take full responsibility for that but given we had paid for a ticket the £100 fine seems disproportionate to the offence of only being twenty minutes over the time we paid for.
Is it worth challenging this fine?
Does the private company have any legal authority to enforce upon us and make us pay the fine?
Like I say, I acknowledge being twenty minutes over but £100 seems excessive and I feel these companies try and scare people into paying fines.
Thank you in advance for any advice given.
Xx"
There is a FB group for private parking charge notices. I wouldn’t be able to post a link but they are immense.
Never, ever identify the driver.
Only appeal based on facts of law, you are forming a contract with the parking operator, they don’t care about ‘I was late back because my dog was sick’.
Most successful appeals are based on technical errors in the PCN and not being sent within 14 days. |
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By *ojo2joWoman 26 weeks ago
Penclawdd |
"Hi everyone,
I’m seeking some advice from anybody who would have some sound knowledge about paying/not paying a parking charge notice.
We parked in a private car park and paid for two hours parking and then went about our business. We then returned 20 minutes late and drove home. Two weeks later we received a £100 fine for being over by twenty minutes.
I fully accept we were over by twenty minutes and take full responsibility for that but given we had paid for a ticket the £100 fine seems disproportionate to the offence of only being twenty minutes over the time we paid for.
Is it worth challenging this fine?
Does the private company have any legal authority to enforce upon us and make us pay the fine?
Like I say, I acknowledge being twenty minutes over but £100 seems excessive and I feel these companies try and scare people into paying fines.
Thank you in advance for any advice given.
Xx
There is a FB group for private parking charge notices. I wouldn’t be able to post a link but they are immense.
Never, ever identify the driver.
Only appeal based on facts of law, you are forming a contract with the parking operator, they don’t care about ‘I was late back because my dog was sick’.
Most successful appeals are based on technical errors in the PCN and not being sent within 14 days."
Also if it’s a car park for a store e.g. Tesco/ shopping centre/ cinema then go back to the store with proof of purchase because they have the power to cancel charges for genuine customers. |
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By *ojo2joWoman 26 weeks ago
Penclawdd |
"I am not a lawyer and this is not legal advice, but I have ignored every parking charge notice I've ever received that wasn't from a council or the police, and nobody has ever sent further contact about it."
This is no longer the best advice as operators have 6 years to take you to court. Ignoring risks court and a CCJ |
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By *ojo2joWoman 26 weeks ago
Penclawdd |
"Hi everyone,
I’m seeking some advice from anybody who would have some sound knowledge about paying/not paying a parking charge notice.
We parked in a private car park and paid for two hours parking and then went about our business. We then returned 20 minutes late and drove home. Two weeks later we received a £100 fine for being over by twenty minutes.
I fully accept we were over by twenty minutes and take full responsibility for that but given we had paid for a ticket the £100 fine seems disproportionate to the offence of only being twenty minutes over the time we paid for.
Is it worth challenging this fine?
Does the private company have any legal authority to enforce upon us and make us pay the fine?
Like I say, I acknowledge being twenty minutes over but £100 seems excessive and I feel these companies try and scare people into paying fines.
Thank you in advance for any advice given.
Xx
Just write back that you do not agree with there invoice. Ask them to justify it.
As it is not a fine. It’s a bill. They would have to show a loss to enforce the cost in court and it probably would not be worth their while to try it.
But what ever you do do not ignore it. What happens if you ignore it ?"
If you ignore you risk court and a CCJ |
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