The following information was kindly supplied to the NDRA by Rosemary Emery (Caseworker/Administrator for Keith Davies AM (Llanelli)) at the NDRA General Meeting on 29th Feb 2016. It comes from the thisismoney.co.uk website.
By using a space at a private car park, you have entered into a civil contract – police won’t take you to court for not paying.
Argue your case and stand your ground if you get a ticket – fewer than 5 per cent of cases are taken to County Court. If they are, most are found in the motorist’s favour.
Your Rights – A Quick Guide
- If you are parked on private land and get a parking charge notice the first thing to do is contact the company that issued it, explaining why it should be thrown out.
- If you have been caught fair and square then you may want to consider paying, but if you believe that the car park was poorly signed, poorly marked, it was in any way unclear that you were entering into a contract, or that the fine is disproportionate, then you should complain and ask for the fine to be rescinded.
- As we mention above, you could send a letter and a cheque for what you would judge to be a fair amount for parking for that period of time – plus a little extra. Say that you believe this is a fair offer and compensates the business for its loss of parking amenity while you were there.
- If the firm rejects your appeal you then have 28 days to apply to the independent Parking on Private Land Appeals scheme, which is backed by the British Parking Association.
- Alternatively, you could decide not to pay and let the company pursue through the court if it so chooses.
- If the firm is not a member of the BPA it should not be able to obtain your registered details from the DVLA. Gather evidence – such as photos of obscure signage – and then simply sit tight waiting to see if it follows up on the demand. Despite the tough talk, typically with a threat to take you to court, this action costs a firm money and it will be hard to find you. Fewer than one in 20 cases goes to court.
- If the car parking company is a member of the BPA it is signed up to the independent body Parking on Private Land Appeals. Parking firms must pay £27 for every appeal made through this service but it costs you nothing, apart from time preparing for the case. Campaigners such as the National Motorists Action Group, AppealNow and Parking Prankster can offer advice to help you win.
- If Parking on Private Land Appeals does not uphold your complaint its decision is not binding. You can pay up and take the charge on the chin if the parking infringement was your fault, or wait to see if the firm takes you to court.