Private parking operator attempts to enforce £200 penalty parking charge

On 13/8/2006 I took my daughter to Cardiff to watch Liverpool v Chelsea. On arrival at the allocated parking we were told that the car park was full,the police then advised me to park nearby. After the game a man was taking photos of my car and proceeded to give me a ticket. He said I had parked on private property. I told him what the police had said and that i did not realize it was private property but he insisted in giving me a ticket. I then consulted a police officer and he said not to worry about it. I have now received various letters from a company stating that I owe £200 and also that they are instructed to enforce proceedings in the County Court. I would be grateful if you could advise me on this matter as these letters are causing a lot of worry.

Numerous private parking operators attempt to enforce parking "fines" on private land and most seem to only have a hazy understanding of the law, and rely on collecting from a gullible public with even less understanding.

It is possible, with adequate warning signage, to assert that a contract has been entered into by parking on the land and a fee, which is clearly indicated on adequate signage, can be obtained in return. Enforcement of payment would be through the small claims court which would grant the opportunity for it to be challenged in a written defence (usually on the grounds of inadequate signage but often because the claimant also attempts to collect additional unreasonable charges). For the most part such operators rely on people capitulating to debt collectors' threats and paying up. A robust attitude will usually see them off and in the unlikely event the case should get to court and you file a simple written defence the court you have a good chance of success.

We are seeing an increasing number of companies who are supplying private landowners with signage and official looking "tickets" they can issue. The supplying company then attempts to secure an ever increasing payment under what it claims is "trespass law". To enforce any penalty under trespass requires proof of real loss/damage and we believe that punitive parking charges attempted to be collected in such a manner are unenforceable. Again a robust approach will be needed in rejecting them, including filing a written small claims court defence if necessary.

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