Parking charge imposed by private company for bridging two bays

We received a parking ticket on 27.12.06 at a retail park. The charge certificate arrived on 24.01.07 which is dated 17.01.07. We have 14 days to pay a £40 fine or the letter says charges will be increased to £80 upwards. The ticket was issued because we parked across two spaces. There are no mother and baby/toddler spaces - extra width to open the doors fully to get children out of car seats. Also there is no signage in that section of car park. Are the parking company within their rights?

There is no legal requirement to provide mother and baby/toddler parking in what essentially is a courtesy car park and by using such a car park you are essentially agreeing to their terms and conditions and entering into a contract as to your actions. This may permit them to charge you £40 if you are in breach, which may include bridging two spaces. There would need to be adequate signage warning of the terms (although there is obviously an argument to be had over what comprises "adequate").

It is important to understand that you have not committed any offence and they will be attempting to enforce the charge in the civil court. Furthermore, unlike with cases involving the police, traffic wardens or council parking attendants, their "contract" is only with the driver of the vehicle and not the registered keeper. Were the notice served by post on the registered keeper (say a husband or partner) and they were not driving the vehicle at the time, there is no requirement for them to divulge the identity of the driver. They should respond in writing saying that they were indeed the keeper of the vehicle but not the driver and thus had not entered into any contract. Furthermore they should add that they choose not to divulge who was driving the vehicle at the time and as far as they are concerned the matter is closed.

If the registered keeper was driving the vehicle then the parking company may have the basis of a case especially if CCTV evidence is available, but if you take a robust approach it is unlikely that it will run to the wire. They may huff and puff a little and attempt to rack up the possible penalties, but their ultimate method of enforcement would be through the small claims court which takes a dim view of unreasonably escalated costs and will provide a fair hearing. It is questionable whether any parking company will go this far when the upside is collecting a relatively trivial amount.

However you should seek to park in accordance with the rules and show a little more courtesy yourself in future.

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