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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience:  Over 5 years in practice
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Alex. My question is about Parking Eye, parking charges

Customer Question

Hi, Alex. My question is about Parking Eye, parking charges for overstaying the free parking time at Gordano services in Bristol. Do they have any legal authority to send parking charge notices for £100 pa?withinp
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.
Thank you. Time in car park was 3hrs22mins. The signage states that the car park is private land managed by parking eye ltd parking for free for 2hrs then applicableparkingtariffsfor longer or a parking charge will be incurred. There is no contract between me and PE ,private land so by law can they charge such a large fee? Is it not loss of income only they can charge. I thought only police and local authorities are the only authorities to make the parking charges.
Expert:  Jo C. replied 1 year ago.
There is a contract. The case law is clear.
On the point of loss, that is a bit of a myth although it does depend what the signs say.
For breach of contract alone they would only get the sum of their loss. The trouble with that though is that when they add court costs and admin it reaches roughly that point anyway.
What some of the signs say is that the penalty is due under the contract. If the signs at the scene quote a specific sum then it doesn't matter what their loss is although a completely unreasonable sum like several thousand would be struck down.
Quite often the signs are unclear though so there is always a point that can be taken.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
How is there a contract.? No ticket issued at time of entry or exit. According to the sign you can pay at WHSmith. Photos are taken at time of entry and exit the DVLA give details of registered keepers according to license number. How can they prove who the driver is? Photo of car not clear. I am really loathe to make this payment especially as they say if I don't pay it by tomorrow they will increase the payment to 100! Jenny
Expert:  Jo C. replied 1 year ago.
Because you used their service.
There is clear case law on the point.
There very definitely is a contract.
The last person that I know who took this point lost and was made to pay actual costs of over £500 on the basis that their defence was vexatious.
Expert:  Jo C. replied 1 year ago.
Further they don't have to prove who the driver is now.
Under the Protection of Freedoms Act it is for the registered keeper to disclose and if they don't then they are liable.
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Jo, thank you for your advice yesterday. I did pay the parking charge, not a happy bunny though! I still think the charge is excessive but hey ho! Jenny
Expert:  Jo C. replied 1 year ago.
Yes, well that is certainly true.
These things are enforceable. The chances they will sue are minimal so it is fairly safe to ignore them but obviously it carries a risk.

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