Parking Charges at Motorway Services

[airbolt]

I received a Parking Charge Notice from a Solicitors acting for a Car Park Company. I was being charged �80 for staying a short period over the "free" period.three hours at a Motorway Services Car Park. Apparently the limit for free parking is two hours. As it goes I had a bit of a rest ( as they recommend ) and felt a lot better when i resumed my journey . Until now.

Several things come to mind -

*�80 flat fee for exceeding the "free" period seems excessive. Has this ever been challenged in law?

*On further reading , the letter is effectively a commercial invoice designed to look like a court notice. This seems to be a very sharp practice. I gather from asking that the firm of solicitors ( no names - i'm not stupid ) has a reputation in debt collecting. If there is anything that answerbank readers could add , I would appreciate it.

[kempie]

You have committed no offence and they rely on contract law based on their signage to produce what appears to be a "ticket" but is, as you point out, really an invoice to pay a charge for what they deem has been agreed by you for the (mis)use of parking facilities. If you disagree with their invoice then their only method to get it paid would be by bringing an action in a civil court. For the most part they do not do this because there is no guarantee of them winning the case. They prefer to make their money from those who pay without querying the charge.

http://www.consumeractiongroup.co.uk/forum/par king-traffic-offences/65341-private-parking-co mpanies-charges.html

[up4it]

Do NOT pay anything !!!

As you say it is an invoice and as such non enforcable by law. Even if they were to persue you through the courts they can only sue you for any losses they incurred i.e. if a parking space costs �1 per hour and you stay there for 2 hours without paying and you get one of their invoices they can only sue you for �2 which was all they would have got if you had paid properly.

In your circumstances the parking was free in the services so they can sue you for loss of revenue which would be nothing.

You have 2 choices either ignore the notices they send you and they will eventually give up or reply to them and say that you are not obliged to pay and will not be paying (preferred option)

If you do write to them www.pepipoo.com will have a letter you can copy to write to them

[up4it]

N.B. This only applies to privately run car parks and NOT council run car parks !!!

The private car parks just rely on peoples ignorance so they style their invoice like a fine and then people know no better and just pay up without question

[curlyfilm]

Additionally, you may be able to reduce any fine issued by a private company. Under contract law, they can only claim for any loss they have suffered because of your offence. They may try to claim a penalty of, say, �100, but in law they may only be entitled to any revenue they had lost. So, if you pay �2 to park for one hour, but stay for three hours, they can only claim for two hours of lost revenue, which is �4....

also i think the contract is between the driver and the company, not the owner of it... so ask them for cctv evidence of who drove the vehicle as of course many people drive it!!!! and you will pass it on!

[rabbitygirl]

A friend told me this tale this evening. A friend of hers parked in a services for 4 hours, not realising 2 hours max only. She was picked up by my friend. When she returned she found a ticket requesting �8. She dutifully went to pay and put it down to experience.

They refused to take her money, stating that this must be paid within 2 hours of issue. As this had been exceeded she would now get a �40 fine in the post - all backed up by a photo of her car arriving and departing.

She kicked up a fuss, called for the manager and took him to the signs which only mention charging after 2 hrs and not the paying in the 2 hour limit.

If she has to fight this it will be based on the signage and the fact that she made them accept her �8. I will mention the thread here, which is very interesting.

Btw, this services is in Leics.