You can defend any court action. For example, you may have stayed over the time you paid for in a car park because you were taken ill. For example, you may need extra time because you're older, disabled, pregnant or have a very young baby. Charging you a penalty because of this could be unlawful discrimination. Whether or not a charge is too high does not depend on the normal cost to park where you did. When looking at a high parking charge, a court won't consider your ability to pay, but how reasonable it is for the company to charge what they have.
If you need advice or help to challenge a ticket that you think may be too high, you should get advice. You should first contact the parking operator, giving your reasons for challenging the ticket and asking them to withdraw it.
You could also approach the landowner, for example the supermarket whose car park you parked in, and ask them to withdraw the ticket. This might include, for example, a photo of an unclear sign, or paperwork showing that you sold the car before the date of the ticket. Below are two template letters to help you challenge a parking ticket for parking on private land. You may want to read both before deciding which one applies to you:. If a parking operator rejects your informal appeal, you may be able to make a formal appeal.
The way to appeal will depend on whether the parking company that gave you the ticket is a member of the British Parking Association BPA approved operators scheme. Members of the public who have a dispute with any parking operator can appeal to the IAS as long as the parking operator is willing to take part. You can use the service free of charge providing you make your appeal within 21 days of the parking operator rejecting your informal appeal to them.
If the company keeps contacting you, you can ask them to stop harassing you, and consider making a complaint. You can also report their behaviour to the landowner.
If you are able to challenge the ticket , you should always do this as well. For example, you might complain because the parking operator sent you a final demand too quickly. Parking operators that are members of the BPA should wait 28 days before sending you a final demand. Members of the IPC should wait 14 days before sending their final warning letter.
If so, you may want to report your complaint to the local Trading Standards office for investigation. You can do this by contacting your local Citizens Advice Bureau , who can also help with any queries about tickets for parking on private land. If this doesn't resolve your problem, you can contact the BPA. The BPA don't get involved in individual complaints, but will investigate whether the code of practice was breached.
Tel: Fax: Email: info britishparking. There is more information on its website below. However, in late Parking Eye started a campaign to change that perception and in turn their income by issuing court claims.
Their theory was that faced with a claim, many motorists would simply fold and pay up. Further, by going to court with a solicitor to argue against a member of the public with no legal background, the odds would be stacked in their favour.
There were also those that ignored the court papers, meaning that a county court judgement was issued by default. In the first 9 months of ParkingEye issued 24, small claims.
Of these, went to a hearing. This suggests both that ParkingEye are not afraid to issue claims, but also that a large number of cases are settled ahead of a hearing. Parking Eye tickets are based on contract law, and tickets are issued for a breach of the contract. A contract is said to be formed by parking in the car park they through signage that communicate the terms and conditions. Unfortunately for Parking Eye it is not as simple as that. As we note above, since it is based on contract law, each case is determined on its own particular circumstances.
In order to enforce the ticket, ParkingEye must demonstrate that the claim is lawful. There are many reasons why a particular ticket may not be lawful, although the Beavis ruling does mean the level of charge is now a much harder point to argue than it used to be. It is recommended that when faced with a ParkingEye charge, motorists should do research to find out about tickets issued in similar circumstances and find out how people are fighting them.
The internet forums are also a great source of the latest material. Parking Eye have won many cases in the county court. The misinformation around parking Charge Notices has meant that parking management companies have taken an increasing number of people to court for not paying. Parking Charge Notices cannot be ignored, even if you refuse to pay and want to appeal you must interact with them. At its simplest level, avoiding a Parking Charge means you miss out on the cheaper payment cost.
At its most serious, it can see you being sent additional reminders before finally being taken to court. That alone can be stressful, and you need to consider the costs of legal fees in many cases. This can often cost you more than the parking charge would, which is why payment or appeal are the best two routes to pursue. Not necessarily. In the first instance, the Parking Charge Notice is sent to the registered vehicle owner.
However, they can appeal on the grounds they were not responsible for the vehicle at the time. This is what is known as a transfer of liability. The parking management company can then pursue the driver for the parking charge as opposed to the registered vehicle owner. Yes, you can. It is irrelevant whether or not you are in the car — if your vehicle overstays or breaks the rules of the car park, you can be issued a Parking Charge Notice.
Oftentimes car parks offer grace periods to allow time to park before or after buying a ticket, but you cannot circumvent the rules by remaining in your car. Quality parking management companies offer an appeals process which allows you to challenge a Parking Charge Notice if you believe Whenever you receive a Parking Charge Notice, the best advice is to decide which route you want to take and This website uses cookies to improve your experience while you navigate through the website.
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