The Sunday Post (Newcastle)

Best ways to do battle

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A PARKING Charge Notice (PCN) is not a “fine” and cannot be enforced under criminal law. The claim is that you’ve “broken the contract” of the car park terms and conditions. The money collected is, mostly, kept by these parking firms.

A common defence is to state that the amount of the fine isn’t appropriat­e to the normal costs of parking.

If you have been charged £60 for overstayin­g 15 minutes, then you could try sending the landowner the money you think is fair and covers the cost of your overstay. Some motorists have reported this to be a successful way of settling the charge.

Gather evidence. If the sign with the parking terms on it could not be read properly, take a picture and send it to the company.

If you think the charge is unfair, or you have a mitigating excuse, contact the operator or landowner explaining why you are refusing to pay. If they refuse to reconsider, you have 28 days from the issue of the ticket (whether placed on your windscreen or through the post) to appeal against this decision to an independen­t adjudicato­r like Popla (Parking on Private Land Appeals) set up by the British Parking Associatio­n (BPA).

If Popla agrees with you, the charge is cancelled. If the appeal is refused, the company can carry on seeking payment and has the option of taking you to a small claims court.

If you lose your Popla appeal you will not have to pay costs or compensati­on, and the parking charge will not increase.

There are no official figures to show how many drivers end up being taken to court, but it is estimated that half of those who appeal a Parking Charge Notice have their charge cancelled.

Fight them.

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