Conflicting Info

Rachie004

I'm posting this on behalf of my mum - The story is, she uses a privately owned car park while she's at work, which her company contributes towards as part of the 'rent' of the offices but otherwise is a free car park, ie its not pay and display.

She parked in a 2 hour parking bay while attending a meeting, the meeting over ran and she got a parking ticket issued 7 minutes over the two hours. We're not disputing the time, 2 hours is 2 hours. I immediately told her to come to this website as its a private car park my understanding is that the ticket cannot be enforced and she would not have to pay the £60 penalty (that increases to £90 if not paid within 14 days) which does seems to be the case!

Wanting to double check the information, she has also contacted trading standards, however they have given her conflicting information, saying that she has entered into a 'contract' with the car park company by using their car park and therefore is bound by their terms and conditions.

What is her best course of action?

Thanks :T

PS Apologies for my appalling grammar!

peter_the_piper

Ignore, what have the ppc lost? Its a free carpark so the answer is zilch. Wait for other confirmation of this but she was fully entitled to be there.

sarahg1969

TS could be partly right. Your mother MAY have agreed to enter into a contract, if she saw the signs and all T&C before she parked. However, where TS get it wrong is that the £60/90 the PPC are demanding represents a penalty, and penalties are simply not allowed under contract law. The landowner is entitled to recover his losses, which in a free car park are NIL.

Rachie004

One more quick question, my mum is going to continue to use this car park (as its connected to the offices where she works), can the car parking company clamp or tow her vehicle from not paying this ticket/fine/penalty?

bargepole

Rachie004 wrote: »

One more quick question, my mum is going to continue to use this car park (as its connected to the offices where she works), can the car parking company clamp or tow her vehicle from not paying this ticket/fine/penalty?

Trading Standards are notorious for giving out wrong advice on this issue. Yes, there is a presumed contract formed when you park in a private car park, but any charges under that contract must fairly reflect the landowner's loss. Also, should they wish to try and enforce the contract in a civil court, they would need to first prove who was driving, which they can't do if the registered keeper doesn't communicate with them.

They would certainly not be within their rights to clamp/tow the vehicle, she should call the police if they try that.

Rachie004

Thank you very very very much :T

I've fed all your advice back to my mum and we're both very grateful Thank you again