Raw Deal: If you receive a Parking Charge Notice you think is unfair, challenge it

WE recently told you about ParkingEye, who refused to listen to the mitigating circumstances of a man who used their car park.

Alan Redpath, of Bannockburn, had been driving all night and stopped, as the Government advises, to take a break from long distances.

He napped for 51 minutes too long in a motorway services car park and is being threatened with debt collectors over the £100 ParkingEye reckons he should pay.

Raw Deal couldn’t get them to change their mind about that, but this week we have had more success.

Archie Telford, of Edinburgh, and his wife Mary, had a wee break in Blackpool last year, just four days in September to see the illuminations and relax.

The hotel they stayed in has a car park which is run by ParkingEye.

However, guests at the hotel, the Britannia Metropole, get a special deal of £3 a day, which is decent value for the area near the North Pier.

The holiday went well, Archie and Mary returned home – then a demand for payment of a £100 “fine” arrived.

But this wasn’t right, what about the hotel’s deal with the parking firm?

Archie sent various letters and emails to ParkingEye and was eventually, in February this year, sent a letter confirming this £100 “fine” didn’t apply.

Quite right too.

But last month another claim arrived. What was going on? Why was this charge being re-applied when Archie had, in writing, confirmation that it had been cancelled?

This letter was quite threatening, telling of court action that was about to be started.

Archie wrote to Raw Deal and we contacted ParkingEye.

It had a think about the circumstances then sent Archie another letter.

This one again confirmed he needn’t pay the Blackpool “fine”, but also contained a confusing paragraph saying: “To avoid potential future inconvenience, we would kindly request you follow the parking terms and conditions displayed on the signage throughout the car park.”

We are slightly perplexed as to what “potential inconvenience” might mean when Archie was allowed, with his hotel pass, to park in the hotel’s car park.

But at least ParkingEye have thought better of their letters telling of debt collectors and court proceedings.

If you have been wrongly charged by one of these parking firms, then challenge it. Don’t just give in and pay up.

Assert your rights and fight them all the way.

Best ways to do battle

A Parking Charge Notice (PCN) is not a “fine” and cannot be enforced under criminal law. The claim is that you’ve “broken the contract” of the car park terms and conditions. The money collected is, mostly, kept by these parking firms.

A common defence is to state that the amount of the fine isn’t appropriate to the normal costs of parking.

If you have been charged £60 for overstaying 15 minutes, then you could try sending the landowner the money you think is fair and covers the cost of your overstay. Some motorists have reported this to be a successful way of settling the charge.

Gather evidence. If the sign with the parking terms on it could not be read properly, take a picture and send it to the company.

If you think the charge is unfair, or you have a mitigating excuse, contact the operator or landowner explaining why you are refusing to pay. If they refuse to reconsider, you have 28 days from the issue of the ticket (whether placed on your windscreen or through the post) to appeal against this decision to an independent adjudicator like Popla (Parking on Private Land Appeals) set up by the British Parking Association (BPA).

If Popla agrees with you, the charge is cancelled. If the appeal is refused, the company can carry on seeking payment and has the option of taking you to a small claims court.

If you lose your Popla appeal you will not have to pay costs or compensation, and the parking charge will not increase.

There are no official figures to show how many drivers end up being taken to court, but it is estimated that half of those who appeal a Parking Charge Notice have their charge cancelled.

Fight them.