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Alice H
Alice H, Solicitor/Partner
Category: Traffic Law
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Experience:  Partner in national law firm
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Do Euro Car Parks have the legal authority to enforce a PCN?

Resolved Question:

Do Euro Car Parks have the legal authority to enforce a PCN?
A PCN was placed on the windscreen of our car when my wife parked in their car park for a few minutes while she went into M&S ... they want £70 or £40 if paid in 14 days.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Alice H replied 2 years ago.
My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Did this happen recently? Is the car registered to your wife?
Customer: replied 2 years ago.

Hi

Yes it happened on 19/09/14.

The car is registered in my name, not my wife's.

Malcolm

Expert:  Alice H replied 2 years ago.
OK. Bear with me while I type an answer for you.
Expert:  Alice H replied 2 years ago.
ECP do not have the same powers as the council or police to issue a penalty charge notice. Although the document may refer to a PCN it is actually a fee for parking on private land in breach of their terms and conditions. The principle underlying this is that when you park on private land you enter a contract with the landowner - part of that contract would usually be a fee to park and the time may be restricted to a couple of hours. Failure to pay a parking fee or exceeding the parking limit gives rise to a claim for breach of contract hence why a fee via a "PCN" is claimed. The parking company dresses up the fee as a PCN presumably because it persuades people to pay up. Since October 2012 the fee can be claimed from the driver or the registered keeper. If the fee is not paid the driver or the registered keeper can be sued in the County Court for breach of contract. So the answer to your question is that ECP could claim the fee if they can prove that the vehicle has been parked in private land in breach of the advertised T&C's. Whether their claim will be successful depends on a number of factors including displaying their T&C's clearly.
Alice H, Solicitor/Partner
Category: Traffic Law
Satisfied Customers: 2847
Experience: Partner in national law firm
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