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Private Company Parking Fine Help

CollateralDamage Avatar
CollateralDamage4y, 2w agoPosted 4 years, 2 weeks ago
So I parked up in a place where I thought it was free and didn’t see any signs to make me think otherwise, 5 days later I get a letter through the post saying I have been fined £95 for parking on private property.

It’s 'Highview Parking Ltd' and I was parked at 'Stadium Retail Park, Wembley'

So I researched a little online and found the info below, has anyone tried fighting a private parking fine using the info below and does it work?

Thanks in advance.

Tickets issued by private companies
Private companies can issue tickets to drivers parked on their property, but the rules are not the same as local authorities.

If you receive a ticket in a private car park, such as a supermarket car park, or private multi-story car park, remember that it is not criminal law, but contract law that applies. The driver enters into a contract with the landowner when they driver into the car park.

This means that it is only the driver that can be subject to a ticket from a private company. If they do not know who the driver was, they cannot claim a penalty. They have no legal right to demand that you identify the driver.

If you are approached by a member of staff inside a private car park there is no obligation for you to assist them in any way

If the company wish to pursue a claim in the small claims court, they have to prove that you were the driver of the car. Any comments that you make may assist them in this aim, so best to say nothing.

If you refuse to pay, the private company has to pursue you through the small claims court. It is up to them to prove a breach of contract so look at the terms carefully. These are usually printed on a sign at the entrance to the car park.

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.

CollateralDamage Avatar
CollateralDamage4y, 2w agoPosted 4 years, 2 weeks ago
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beatrixkiddo79 1 Like #1
Hi, I don't know if you can get out of it but check the link below. You should find your answers there.

http://forums.pepipoo.com/
fluffyundacrakas 1 Like #2
This might help you:
http://www.pepipoo.com/forums/lofiversion/index.php/t44343-0.html

Did you park there on match day? By the way, there are signs up about it being a private car park, how you missed those I don’t know.
deanos#4
its not a fine, ignore it
Joey Bloggsy#5
ignore it first then if they chase, deny you was the driver
CollateralDamage#6
yep deffo gonna ignore after reading into it.

thnx for the advice people. :)
steelydan#7
Hi Guys

Ive just received a court claim letter following a private parking fine. its gone from £60 to £176, i wrote them a letter initially which advised i refused to pay as the charges were unfair as i was parked for apprx 5 mins to post an item. i was hoping that would be that until i got the court claim form.

Now do i defend all of the claim or part of the claim? do i offer say £8 for the 5 mins parking or just offer nothing?

many thanks
steelydan


Edited By: steelydan on May 02, 2011 16:47: spelling
rambobambo#8
steelydan
Hi Guys

Ive just received a court claim letter following a private parking fine. its gone from £60 to £176, i wrote them a letter initially which advised i refused to pay as the charges were unfair as i was parked for apprx 5 mins to post an item. i was hoping that would be that until i got the court claim form.

Now do i defend all of the claim or part of the claim? do i offer say £8 for the 5 mins parking or just offer nothing?

many thanks
steelydan


I am in similar situauation can you provide any more info how many letters you had received and which company etc......
tomwatts#9
For starters steelydan, you should never have said you were there for 5 mins - they now have a leg to stand on...

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