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Hello, Welcome to JA. I’m Vineet , a UK Solicitor and will be dealing with your case today.
I may also need to ask some questions to determine the legal position.
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Is this privately managed car park?
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So you have received a Parking Charge Notice ?
I read, I wanted to be sure as there are different rules for privately and council managed car parks and their enforceability of parking tickets
Thank you for reply.
I will get back to you with my answer as soon as I can. The system will notify you when this happens
Thank you for your patience
When you park on private land (like a private car park) you enter into a contract with the landowner. Any signs that clearly display rules for using the car park give you the terms of the contract. The car park owner can take steps to enforce any of these rules if broken such as by issuing parking tickets for violation of the terms.
Now there are 2 options if you have get such parking ticket
If you have been told to appeal to Popla, that means that car park is a member of BPA.
You can appeal it online or via post.
Detailing the ticket number and your vehicle registration number, time, date of your entry and further reasons of your own to support your claim and include as much detail as you can including all the evidence you gathered to support your case and clearly explain why you're appealing.
You can also argue that the charge is disproportionate and not a genuine pre-estimate of loss
The amount charged is not based upon any genuine pre-estimate of loss to the carpark.
In your case, the 100 pounds charge being asked for far exceeds the cost to the car park. if the parking charges of one-hour lets assume is 2 pounds but I only stayed by 15 minutes. I therefore feel the amount you have asked for is excessive.
If you win, the decision is binding on the parking company and so it should stop chasing you.
if you lose your appeal, you need to decide whether to pay, take the carpark . the BPA state you should pay the full parking charge within 14 days.
If you disagree with the decision, the car park would have to take you to the court to enforce the ticket – and there's no certainty that the carpark would do it but they are within their rights to do so and so it is possible.
If they do take you to court, for the small amount involved it would probably be in small claims court, you can ordered to pay the charge and the company could also reclaim the court fees but other costs aren't awarded.
I hope I have clarified your legal position in relation to the parking ticket
If you have any related queries feel free to ask
Thank you and all the very best