Robbing Parking Companies

Sorry lots of confusion in this thread.

You cannot add recovery fees to a disputed debt. the only costs you can get added are court fees + the claim. People's bills start rising when they ignore the judgement or they had no idea about the judgement. Then the recovery fees pile on. £235 a visit etc from the bailiff.
I would lean on the side that of a restriction on waiting is unenforceable (assuming this is still a private parking issue).
these contracts absolutely are enforceable, but only if they were easy to see and a clear contract is formed.
 
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Parking charge notices (PCNs), which apply to parking disputes on private land, are basically requests for damages incurred by the land owner as a result of the driver’s breach of their parking terms. They can also be used as a legally accepted deterrent to avoid future breaches, even if they have not suffered any losses. When someone parks on private land, they enter into an unwritten contract with the land owner – they are allowed to use the parking on offer and in return, they agree to follow the rules of parking that apply. If these rules are breached, the land owner can argue that the driver has acted in breach of contract and pursue them further for damages, losses and future deterrent. if there are sufficient signs on site to advise you of the parking restrictions you would not have any strong grounds to challenge this. The initial request by the land owner (or their representatives) can potentially be ignored as it has no legal standing and they cannot force payment. However, if they then go to court and win, the original charge can become legally payable under a court judgment. Whether they go to court, or even win, is something that no one can predict, however that is the risk that one must take. Bulk summons are irrelevant, you cannot bulk prosecute, so if you don't mind turning up in the county court. The chances are they wont.

Appeals Process in some circumstances it is best to start by contacting the land owner, as they can potentially cancel the charge directly with the parking company. In the meantime, a formal appeal should still be pursued, if possible.In terms of appealing, the parking company should provide contact information (either on the ticket or on notices around the car park) - contact them and ask for the fine to be suspended whilst it is challenged. Any relevant grounds to challenge the fine can then be raised directly with them.

Citizens Advice Bureau provide a helpful tool for creating an appeal letter, which you can refer to:https://www.citizensadvice.org.uk/l...rking-ticket/challenge-private-parking-ticket. If the initial appeal to the parking company is unsuccessful, an independent appeal can be considered.If they are a BPA-approved company, a formal appeal can be submitted to Parking on Private Land Appeals (POPLA): https://www.popla.co.uk/start-an-appeal

If they are an IPC member, a formal appeal can be submitted to the Independent Appeals Service: https://www.theias.org/appeal. If appealing has been unsuccessful and the charges are still not paid, it is up to the parking company to decide whether to go to court over this.

They have the right to make a claim but they would also need to convince the court that the terms of parking were breached. Any defence, explanation or mitigating factors can be submitted in response to the claim to try and challenge them. Even if they were successful and won, the overall costs will not increase significantly – perhaps a couple of hundred pounds extra on top of the current amount. If the full amount is paid off within 30 days of the court judgment, there will also be no CCJ to worry about and no adverse effect on your credit rating.

I pulled the above from other sources and tweaked it a bit - its basically all there.
 
You cannot add recovery fees to a disputed debt.

The fact that you decide to use debt collectors is at your financial risk

I've just been looking at a couple of parking charge signs. They both seem to mention a specific admin fee (£10 in one case, £40 in the other) if their request for payment isn't settled within a certain time period (I am not talking about an early payment discount, that is separate). I am guessing they can also add this admin fee as it is part of the "contract"? But anything after that, such as the use of debt collectors, is at their own risk? (Obviously, this all changes once it's been to court.)
 
can you post it? It would depend on the wording and the PCN value. Nothing is payable until it's payable. Debt recovery collection firms are just organisations that specialise in offering a Dunning Process.
 
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The is the £10 one. I can't find the other one, but it essentially said the same thing and the admin fee was £40.

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This is the other one. It actually says "up to £40" admin charge

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Certainly, which is why they make such a show of it, so they can prove to the court just how hard they've had to pursue you in line with the contract they're asserting you entered into

That doesn't sound right, in regards to contract law. There is no general right to charge recovery costs to an individual. There would need to be a specific provision in the contract, and I believe it would also have to be fair. Obviously, it is different once they get a judgment in court.
 
The correct procedure is for the parking company to initially send out an NTK letter (Notice To Keeper).

In my experience, with all the cases I have now challenged, we only ever got sent one. This is because "proof of postage is proof of delivery". Even when the parking firm haven't sent them. This saves them money and allows them to deny an appeal, because you have not submitted the appeal within X days of receipt of the NTK letter (that they never sent out).

To comply with the rules, the parking companies have to allow a period of grace so that you can enter the car park, read all the rules and then decide if you want to park there.

AFAIK, this grace period is 10 minutes.

The conditions of parking should be unambiguous and signs should be accessible and easy to read.

Check to see if there are rules about multiple visits.

We have had tickets for exceeding the allotted parking time, quoting the first entry and the last exit time, where in reality both visits were within the allotted parking time.
 
if they then go to court and win,
IF...
They only go to court if they think you're a mug.
If you've ignored them all the way until they sent a formal letter of claim and then replied accordingly, they'll stay well clear of court.
f the initial appeal to the parking company is unsuccessful
It always is, except in very extremely rare cases.
an independent appeal can be considered.
Not really independent considering that they get paid by the cowboys.
That's why most appeals are unsuccessful.
Yes, these are the "independent" adjudicators.
AFAIK, this grace period is 10 minutes.

The conditions of parking should be unambiguous and signs should be accessible and easy to read
Correct.

Again, I inbite anyone reading this thread to go to cag or pepipoo forums, search for parking charge notice and check the latest advice and success stories.
As said, you'll find my many threads going back January 2023 and not one ticket resulted in court proceedings.
 
Terms and conditions available on request damages the contract. As you could request them and say I reject them. You cannot agree a contract subject to contract.

The little snippet saying we may apply additional charges is meaningless boilerplate.

A charge of £70 may be applied damages the contract. It either will or it won’t. However, in that case an admin fee capped at £40 is more likely but only if the contract and debt is not disputed.

If it’s disputed, it’s disputed, it then doesn’t matter what they have written. The clock stops the recourse is court action - that’s it.
 
IF...
They only go to court if they think you're a mug.
If you've ignored them all the way until they sent a formal letter of claim and then replied accordingly, they'll stay well clear of court.

It always is, except in very extremely rare cases.

Not really independent considering that they get paid by the cowboys.
That's why most appeals are unsuccessful.

Yes, these are the "independent" adjudicators.

Correct.

Again, I inbite anyone reading this thread to go to cag or pepipoo forums, search for parking charge notice and check the latest advice and success stories.
As said, you'll find my many threads going back January 2023 and not one ticket resulted in court proceedings.
Just because the don’t enforce, doesn’t mean they can’t. They can’t get legal costs awarded so the cost of facing you in court is more than the ticket value.
 
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