Private Parking Ticket - Advice Required please

Hi All

I have recieved one of these "Parking Charge Notice" invoices from a private parking company and would just like some advice. Ill explain the situation...

In our city, (bath if anyone knows it) there is a Homebase and Sainsburys which have their own car parks, and yes there are signs saying they are monitored etc and maximum stay 90 minutes, but it is free to park, no ticket required etc.

Generally if i go into the city centre i will take a chance and park in Sainsburys and honestly if i got caught out in the middle of the day i would accept the fine and pay it.

On this occasion, I parked in Homebase, it was a Friday evening, I think the time was approximately 7.30pm (it says on the original "PCN" but i am at work at present)

I parked away from the store, in a marked bay (not disabled etc) and the car park was pretty much empty. The store shuts at 9pm on a Friday

I think the time i left the car park was about 11, again it says on the original ticket but I will upload that later.

I didnt have a ticket on the car etc, but a couple days later i got a letter through the post, it was this Parking Charge Notice, saying I had been caught on the cameras parking between the times stated above and that a charge of £75 was due, or a slightly reduced rate for paying in 14 days.

I asked a mate who is a council traffic warden and he said basically what has been said on here, they have no legal right etc. So I ignored the first letter and searched the web, found this site and read through the articles.

15 days later I received a second letter with some added red writing saying:

Final Reminder Before Legal Action. Failure to pay the full balance outstanding within 7 days of the date of this notice could result in the balance outstanding being registered as a debt against you in the county court. A warrant may then be issued to bailiffs to recover payment. You will also become liable for the additional fees of the County Court and the bailiff together with any legal costs and interest involved.
Your ability to obtain credit in the future could be affected

I ignored this letter also, as per some advice on this site and then on 5/1/2010 i recieved a further letter, headed Legal Action Pending. Basically stating that £40 collection and administration fee has been added and the sum is now £115.00 required within 7 days of this letter.

I replied to this letter, following a template on this site saying:

Topher Limited
PO Box 599
Borehamwood
Herts
WD6 4ZL

Dear Sir or Madam,

Ticket number: ******************
Vehicle registration number: **** ***

You issued me with a parking ticket on 27/11/2009 but I believe it was unfairly issued and I will not be paying your demand for payment for the following reason:

• The fine is disproportionate

According to the Unfair Consumer Contract Regulations, parking fines on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £75 charge you are asking for far exceeds the cost to the landowner of my car being parked in a free parking space, late on a Friday evening whilst the car park was virtually empty, therefore not limiting any possible revenue to the shop by preventing a potential customer from parking.

If you choose to pursue me for this fine please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,

They have since replied saying that they have issued the fine legally and demanding payment again.

Incidentally I tried ringing the automatic payment line yesterday morning and it said out of service!

I would just like some advice really on whether i should pay this now, or stand my ground. My argument is still the fact that the shop shut after 90 minutes of me being there, I parked far enough away from the building that I caused no inconveniance to any possible customers, and the car park was practically empty. Had it been middle of the day, parked next to the shop, and been gone all day i would accept that yea i have been caught out and just pay it, but this fine just seems so unfair!

If you need me to upload documents I can do

Thanks