Dealing with unfair private parking charges
sir – I was sorry to read of Gordon Casely’s treatment by a private parking contractor (Letters, July 8).
Generally speaking, to enforce penalty charges, a private parking firm will need to obtain a court order. To achieve this, it would need to prove that the motorist has breached the contract which they are deemed to have entered into by parking on the land in question.
Although the terms of the contract should be clearly stated on signs close to the parking spot, it is not at all unusual for these to be ambiguous, confusing, absent or defaced – in which case, the contract is likely to be unenforceable.
Where a charge has been imposed because of a technicality, a court might take a dim view of an action brought by a parking company for whom no loss was involved. In any event, private parking companies do not usually want to incur the cost or trouble of court action.
Anyone in receipt of a private ticket should therefore carefully examine nearby parking signs and photograph any that might be damaged or illegible or otherwise contain discrepancies. Letters from the parking companies should be carefully read as they are often designed to appear intimidating but actually contain empty threats.
If in doubt, the motorist would be wise not to pay a private parking ticket or to waste their time with an industry appeals process that does not enjoy much public confidence.
If the quantity or nature of correspondence becomes a problem, a pre-emptive county court claim for damages for harassment often results in a satisfactory settlement. Gary Shaw
London NW11