I have been reading with interest about the parking charges being sent to motorists as a result of them overstaying their welcome at the car park at M&S, Next etc. in Galashiels.
Here are some things that private car park companies don’t tell you – and they would rather you did not know.
Shopping centre and supermarket car parks should have a board up near the entrance of their premises outlining the terms and conditions f
or use of the park.
The use of these parks are dealt with under contract law and are different from parking on the highway or council-owned car parks which comes under road traffic law.
By entering the car park you are automatically agreeing to these terms. However, the agreement is only between the owners of the property and the driver – not the registered keeper.
If you receive a request for payment through the post you can inform the sender you were not driving and you are not sure who was, and they have no legal right to force you to identify the driver. Also, if an official approaches you in the car park asking for details, you are under no obligation to assist them or give them any information.
Private companies always charge excessive fines when the law clearly states that such a fine must be relevant to the costs incurred to the car park owner. More than likely if your case went to court a judge would probably rule that a fine of this sort illegal.
Unless the private companies can prove without doubt through video or photographic evidence who was driving the car at the time, they will not be able to pursue the fine. Ask to see the evidence. You will probably be sent a picture from an ANPR (automatic number plate recognition) machine showing the vehicle entering and leaving the car park. The driver should not be shown.
Remember, these companies are bullies and they will try through any means available to them to intimidate you into paying. Seek advice.
There is a code of conduct they have to follow which can be found on the DVLA website.
I suffered at the hands of these people – however, I refused to be intimidated by their ‘red letters’ and threat of court action. I actually requested they take me to court, but they declined my offer.
If a company persists, take them to court for harassing you.
NAME AND ADDRESS SUPPLIED
You have recently printed letters of complaint about the excessive ‘fines’ for parking more than two-and-a-half hours in Gala Water Retail Park.
On March 7 I was working in the Borders Animal Welfare Association charity shop on a voluntary basis and overstayed by 16 minutes. The charity was running a special stall at Tesco on that day to help raise funds and had difficulty in covering both the shop and the stall.
Like others, I was unaware of the notices in the car park and received a letter on or around March 18 demanding £150 or £75 if I paid within 10 days. The ‘fine’ was paid but I also appealed within the 10-day period stated in the letter. I heard nothing.
Two months passed. I then phoned Civil Enforcement Ltd every day for five days.
