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Private parking charge notices

shopper150

Established Member
Are parking charges or 'fines' issued by private companies enforceable?

I know previously you could just ignore them, is this still the case?
 

nheather

Distinguished Member
Are parking charges or 'fines' issued by private companies enforceable?

I know previously you could just ignore them, is this still the case?

Yes they are, always have been, but as a private commercial agreement, not in any 'legal fine' way.

Essentially, they charge for a service, you don't pay, they could pursue you for non-payment, breach of contract etc.

The problem, certainly in the past, is that they ultimately need to take you to court and present their case if you don't pay up. In most cases they can't be bothered and there is also a question whether the prices they charge are unreasonable and not supported by the court - in that whilst they may well win the court might decide the charges are unreasonable and order a much smaller settlement.

The big change recently, is that they are no longer required to track down the actual driver but instead can pursue the owner. This makes it a little safer for them to follow through with court action.

Cheers,

Nigel
 

PSM1

Distinguished Member
I have read in a few places now that quite a few companies are now following through with court action and winning. So the past advice of ignoring the letters I believe has changed recently since people who have done this have found themselves receiving a court summons!!!
 

fiveaside

Established Member
Let's just say I work for a legal organisation where approximately ten of my colleagues and I ignore parking charge notices on a regular basis.
 

PSM1

Distinguished Member
Let's just say I work for a legal organisation where approximately ten of my colleagues and I ignore parking charge notices on a regular basis.

Well maybe giving the context at the start instead of just slating other members advice would be useful. You work for a legal organisation but are you actually trained in law and more importantly parking law? Just because you have ignored your notices and had no come back can you be sure that the OP will have the same outcome? To dismiss other peoples advice so bluntly but not provide any real backup for your course of action seems a little remiss to me.
 

PSM1

Distinguished Member
I agree with the bullying tactics etc. The OP of the post I linked too above seemed to get a good response from a well worded letter hence this may be a better course of action than simply ignoring it.
 

IronGiant

Moderator
Let's just say I work for a legal organisation where approximately ten of my colleagues and I ignore parking charge notices on a regular basis.
Are they bailiffs by any chance? as you have one hell of an aggressive foot in the door attitude about you :D
 

nheather

Distinguished Member
The OP posted asking a question whether the charges are enforceable.

The simple answer is yes - but for clarity, not like a fine that the council would issue. It would be enforced as a prosecution for failing to abide by the contractural terms of the service used.

There are a few possible questions

1 - are they enforcable
2 - can you ignore them and get away with it
3 - are their charges reasonable
4 - are the tactics they use proper

He only asked Q1 - to which the answer is without doubt 'YES' and they have always been.

A lot of the discussions subsequently are about Q2 -Q4 which is a different matter.

For what it is worth, my suggested answers

1 - Yes
2 - Most likely
3 - No
4 - No

Cheers,

Nigel
 
Last edited:

IronGiant

Moderator
Hasn't this subject been done to death already?
It had been but the field of play seems to have changed recently with rumours beginning to circulate of cases where the parking company has been to court and won.
 

tbc

Banned
Drove into a car park last week, discovered that I couldn't park as it was private, drove back out, 10 days later a fine for £100 comes through the door.

They know what they can go and do :)
 

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