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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 19571
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, I received a parking charge notice from parking eye

Resolved Question:

Hi,

I received a parking charge notice from parking eye a while back stating that I had stayed for half an hour without paying, I am assuming this was new to the car park as I had never knew you had to pay to park there. It was early hours of the morning and therefor I wouldnt have expected to have to pay anywhere anyway.
I then received another charge for a repeat a couple of days later when me and a couple of friends decided to chill out there for a while again in the early hours of the morning. I went away for a month and returned home to find 2 parking charges for £100 each and warning letters to take me to court. I have seen alot about parking eye and am in 2 minds to wether or not I pay it.
Submitted: 11 months ago.
Category: UK Traffic Law
Expert:  Stuart J replied 11 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

What signs are there in the car park about this charge?
Customer: replied 11 months ago.

Hi,


 


I wasnt aware of any signs when I entered the carpark. I understand that there were probably signs but I had missed these as it was dark and I had no idea I had to pay

Expert:  Stuart J replied 11 months ago.


Before October 2012, you could have ignored it, or told them to contact the driver or suchlike, but for some strange reason Parliament decided to enact the Protection of Freedoms Act, which made these private land parking charges enforceable in the County Court as a contractual dispute against the registered keep.
For some strange reason, all parking charges whether these private ones, or local authority ones are enforceable against the registered keeper. I find that a bizarre thing in English law. It’s like someone that drives your car having an accident and you the car owner, not involved in the accident, being held responsible if they don’t deal with it. Stupid but then again, sometimes the law is an ass.
If you Google Protection of Freedoms Act and Private and parking it will give you plenty of reading.
You can of course appeal this on the grounds that there is not sufficient signage and it would then be for the court to decide whether you have made the case or not. To be frank, I have never known one of these go to court yet because the cost of enforcing a £60 or £120 charge in the Small Claims Court is firstly risky (because they lose the court costs if you win) and secondly not financially viable. If whoever is dealing with it on behalf of the parking company has to travel from wherever they are based to your local court and sit around for half a day.
It is small claims court and they will not usually get their legal or solicitor’s costs back (although than court costs) even if they win.
There is a caveat to my last statement and that is contained in the wording of the signage. If on the wording of the signage, it says that they are entitled to recover their costs of enforcing the agreement, then, if it goes to court and they win, they may be able to claim their court costs and time from you, including their solicitor’s costs. Although, if they spend a couple of thousand pound instructing solicitors (very risky) even though they win, you can object to all those costs being awarded on the basis that their costs are disproportionate to the amount in dispute.


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Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 19571
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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