Challenging a Private Car Park "PCN"

[AdvocatusD]

My wife went shopping to a retail park and spent a sizeable amount of cash. However, she was unaware that there was a 3 hour maximum time limit on the parking in the park and she has now received a "PCN" from "Parking Eye" for her patronage.

I'm a little dubious about whether they actually have a legal right to claim the "fine" they are asking for and will do some reading around it.

However, I'd be grateful for some advice from anyone who has actually challenged something like this.

Here's the PCN!



This appear to be the general consensus and my understanding...

http://www.youtube.com/watch?v=XAIcdi9niHA

Edited by AdvocatusD on Saturday 7th January 12:41

[AdvocatusD]

Thanks all. I suspected that they had no contractual basis. If they do claim against us, I'll happily defend it in court.

[AdvocatusD]

funkyrobot said:

Hello all. Sorry to ressurect this thread but my mother is very worried about my dad's parking charge notice now. They have received a 'Final Notice' (from Parking Eye) which mentions the fact that their solicitors will issue court proceedings if the fine (now £110) isn't paid, and the bailiffs will be sent round. She is very worried about this going to court or bailiffs turning up at the door.

I've told her to ignore the letters, and have showed her some bits on other forums and the watchdog video. She is still worried about bailiffs turning up though!

So, please could you let me know some answers to the following to put her mind at rest (she is on PH now )

1. Can they issue court proceedings if the latest letter is ignored?
2. What can she do if bailiffs do indeed turn up?
3. What happens if they get a court summons through the post?

I know this has been mentioned before, but she isn't that good on the old t'internet and it would be good to just point her to this thread. Many thanks.

1. they can issue proceedings, but you will be informed of this and have the opportunity to defend. The law is complicated here (for them) so you are likely to win.

2. She will be made aware long before Bailiffs arrive, because she will receive notification of a Judgment against her.

3. You defend it!