Parking Charge Notice

[Bazile]

I have received a Parking Charge Notice demanding £ 100 ( reduced to £ 60 pounds , if paid within 14 days ) from Defence Systems ltd ( T/A Park Watch )

This is for ' Not Parked Wholly Within Bay ' on a shopping centre car park .

Am I legally required to pay - is it enforceable ?

What's likely to happen if I don't pay ?

[barry1010]

It's a gamble. They may take it to the small claims and the courts can be sympathetic to the parking company. If they do it could cost you a lot more.
Have they provided the evidence?

[JimF]

Have they provided a photo of your car's wheels outside the bay as evidence?

[Buenchico]

When you park on any privately-owned car park, you're automatically entering into a contract with the owner of that car park (or the company that the owner employs to operate it) to pay any 'reasonable' charges that are clearly displayed upon entry. So, if
(a) there are clear signs at the car park, telling you that a charge of £100/£60 will be levied in respect of any vehicle not correctly parked within a bay ; and
(b) you parked your vehicle in such an incorrect manner ;
then you're contractually obliged to pay up.

If you fail to pay then, just as with any other unpaid debt, the parking enforcement company can use the small claims process to take court action against you. That could end up costing you a lot more than the £60 charge that you're currently facing.

Several people have tried to win court battles against parking penalty notices. Stephen Thomas was one of the first, back in 2008, but lost and ended up having to pay more:
https://www.rochdaleonline.co.uk/news-features/2/news-headlines/15278/judge-enforces-parking-penalty-in-landmark-case
Barry Beavis took battled all the way through to the Supreme Court in 2015(almost certainly costing him many thousands of pounds) but he also lost:
https://www.itv.com/news/anglia/2015-11-04/essex-chip-shop-owner-vows-to-fight-on-despite-losing-supreme-court-parking-battle

It would probably be best to pay up!

[Bazile]

There are no signs saying a charge will be levied for vehicles not correctly parked

[bhg481]

Did they send you a photo and how badly parked were you?

[barry1010]

Usually the sign states the vehicle must be parked within a marked bay. Nothing like that on the sign?

[Bazile]

It looks like my near side tyre was the other side of the line

[Bazile]

I mentions parking restrictions and length of stay but I didn't see anything about actual position of car

[bhg481]

If there is a sign you must be in a marked bay I think you've had your chips.

[Ryzen]

Pay up Baz ..and get some glasses :-)

[Bazile]

//If there is a sign you must be in a marked bay..//

I don't follow you

[bhg481]

Sorry - If there is a sign saying you must be wholly in a marked bay....(and you weren't).

[bobbinwales]

Theres a chance a court would find the charge excessive though as all you really deprived them of is at most one parking space for however long you were there (how long was you there??)

[bhg481]

I must say, having a fairly wide car, I get browned off with people who either can't be bothered or are too incompetent to park properly. One person out of kilter and the rest of the line goes awry.

[Hymie]

If you’re on the salary of a Supreme Court Judge, then £85 to park your car seems quite a reasonable charge.

[david small]

Poor Bazile I empathise and sympathise with you. I too, my wife also have been caught by these sharks. For your own peace of mind pay the £60 and move on. We resisted one and they involved a so-called legal company, we ending up paying them £165 to go away. Until the government curtails these bandit shenanigans they will feast upon incidents like your own.

[Bazile]

The car park is 'free' and at the time there were lots of empty spaces

[douglas9401]

Scum of the earth they are.

Message ends.

[albaqwerty]

If it was only your near side tyre just outside of the marking, I'd be tempted to send a cheque for £6

[Giggsie]

If you have access to Facebook have a look at this group…….
Fight your private parking invoice……..very good advice on here