Every Tuesday we get an expert to answer your Money Problems – but today we are doing things a little different.
After consumer expert Scott Dixon, aka the Complaints Resolver, tackled a reader’s parking dispute last month, we were inundated with other questions about parking fines.
So, we decided to ask him to tackle five problems in one day, starting with two this morning and these three this afternoon…
My doctor’s car park has a system where you have to put your registration plate in. I had an appointment. Was there 33 minutes. They’re trying to charge me £170. Threatening with debt collectors. I’ve given them the proof of my appointment. But still they’re saying I need to pay.
Dawson
Mr Dixon’s first piece of advice is to speak to the practice manager, who might be able to cancel it.
“Ask for proof in writing that they will cancel it so you can advise the parking operator to cease and desist harassing you,” he says.
“Hopefully this will resolve it, as I’m sure they do this for staff members and other visitors who have been accidentally caught out.”
He adds that third party debt collectors issue demands for £170 after the first and second stage appeals have either been ignored or have failed.
“You can safely ignore any debt collector letters before a court hearing. These debt collectors are ‘strangers to the debt’ and don’t own the debt or have any powers to enforce it,” he says.
“Watch out for a ‘letter before claim’ or ‘letter before action’, which is the last stop before a case goes to court. This will need a response. Parking operators rely on motorists ignoring this so they can get a County Court Judgement (CCJ) rubber-stamped in court.
“If this goes to court, you will need to provide sufficient evidence to dispel their case, although all is not lost if you don’t have this.”
We also had this question…
I have had a recent parking charge for parking in a private car park in which I didn’t manage to park and purchase my ticket within 20 mins of entering the car park – but once I managed to park, I did purchase a parking ticket for my car for longer than the duration I stayed for, but unfortunately I believe the parking company is wanting to charge me regardless. I don’t believe any clear sign was in place for saying I could only be there without a ticket for a limited amount of time?
Anonymous
Mr Dixon first asks if there is a reason it took so long to park.
“If you can prove why it took you longer than 20 minutes to buy a ticket when you entered the car park, this will be good evidence to prove that the contract was ‘frustrated by impossibility’ due to an unforeseen event through no fault of your own,” he says.
Unclear signs are the most common reason for appeals on unfair parking charge notices.
Mr Dixon says: “If that’s the case, it can be said you were unable to read the signs and terms and conditions, meaning the contract was frustrated through no fault of your own.”
He adds that a two-pronged approach could be helpful in dealing with this issue.
First, look on Google Reviews to see what others say about this car park.
“You may find a common theme from what other users say, which can reinforce your points and case on appeal,” he says.
“Second, go to the retailer with proof of purchase and ask them to cancel it for you and get proof in writing. Supermarkets are particularly good with this, so speak nicely to customer services if that’s the case.”
Our last parking question of the day comes from Bigmac74, who simply asks..
Can Euro Car Parks enforce a parking charge?
It’s a common myth that parking charge notices can be ignored, is Mr Dixon’s first bit of advice.
“You do so at your peril, as you risk it being pursued and a County Court Judgement being made against you. This will severely impact on your ability to get any form of credit for years to come,” he says.
When you park in a car park space managed by a private parking operator, you are entering into a contract based on the terms and conditions stated on signs in the car park, which is private property.
“Euro Car Parks will have written authority to manage and enforce the terms and conditions of parking by the landowner for the car park,” Mr Dixon says.
“If you break these terms which are displayed on signs around the car park, such as not paying or overstaying, the parking operator can issue a parking charge notice for an alleged breach of contract.”
