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Private parking fine in supermarket car park

BishBash
BishBash Posts: 12 Forumite
Tenth Anniversary First Post Combo Breaker
edited 18 June 2024 at 2:04PM in Parking tickets, fines & parking
I have received a Parking Charge Notice from a private company called Civil Enforcement, who own/manage the parking for Morrisons in Camberwell, southeast London.

We parked to attend a pre-booked 2.00pm hospital appointment at nearby Kings College Hospital.

There was a very long wait and we topped up our parking after three hours. We were eventually seen after three and a half hours and had a longer than expected consultation of a little over 45 minutes.

This made us late back to the car, having overstayed by 18 minutes.

We paid £6.50 for the first three hours and a further £4.50 for another two hours, so £11.00 in total.

Our fine for overstaying 18 minutes is £100.00, or £60.00 if paid within 14 days of issue (it arrived 7 days after its issue date).

We can appeal, but the letter states that if we appeal and lose, we will have to pay the full £100.00.

Is this private company legally entitled to impose such a fine in these circumstances?

Thanks.

Comments

  • Gr1pr
    Gr1pr Posts: 6,631 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Complain to Morrisons head office, plan A ASAP, today if possible, with a copy of the PCN, the PCN reference, plus proof of patronage too

    Plan B is a subsequent appeal to CEL 

    Private companies do not issue fines, magistrates issue fines, so definitely not 

    But a private parking company can issue a Parking Charge Notice PCN, which is what is written on the invoice you received. There is nothing illegal about issuing an invoice 

    If Morrisons don't own the car park, which I suspect that they don't, then find out who the landowner or managing agent is and complain to them ASAP 

  • Coupon-mad
    Coupon-mad Posts: 148,042 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You don't have a fine and won't be paying even when you lose at POPLA (if you bother with it).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • BishBash
    BishBash Posts: 12 Forumite
    Tenth Anniversary First Post Combo Breaker
    Thanks Gr1pr and Coupon Mad :)

    Gr1pr - do you know how I can find out who owns the land in question?

    Coupon-Mad - presumably they are entitled to ask me for money for parking at a published hourly rate - interested to know why they can't 'fine' me for overstaying. If it was a council-run par park, that would be legally enforceable?

    Reading other posts on here, there are loads of complaints about CEL, and the do seem very litigious. 

    I was pondering sending them a polite email, explaining our situation, that our son is disabled, explaining we have paid £11 already and enclosing a cheque for £20 as somehow reasonable compensation.  

  • Gr1pr
    Gr1pr Posts: 6,631 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 18 June 2024 at 4:07PM
    Forget all that, this invoice is raised under civil laws, nothing to do with councils so as alike as chalk and cheese 

    Private companies have no authority to issue fines 

    They can issue an invoice for the alleged breach of the parking contract by either overstaying on a free private car park, or for not paying enough for the time on site of a paid for private car park 

    Do not offer any excuses, mitigation or money !  Now read the advice about landowner details below 

    https://forums.moneysavingexpert.com/discussion/6337652/how-to-find-details-of-landowner
  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    Why did you use a Morrisons car park? Is it a general use car park or only for patrons of the store? If you were also a patron of the store, you don't have to wrote to their head office. You can simply use their on-line form requesting that they cancel the PCN:

    https://www.morrisons.com/help/form/contact-us/car-park/car-parking-charges/i-have-a-car-parking-charge
  • Umkomaas
    Umkomaas Posts: 42,865 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If CEL are infesting the car park, it's unlikely that it's an exclusive Morrison's car park (Euro Car Parks their usual parking firm). Is the car park one that services a number of retail outlets?  If so, you're looking for a Managing Agent who is likely to have contracted CEL.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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