I came across this story, which I thought would be worth sharing with you as it raises some interesting points.

First of all, private companies cannot impose “fines”. Only councils and the Courts can do that, They can only charge for goods and services rendered and by law the charges must be reasonable.

This individual entered a private car park (and private land) and by virtue entered in to a contract to park there. However, the contract was unfulfilled because there was nowhere to park therefore he was under no obligation to pay any charges.

His response was, “I didn’t want the hassle of going through all that so I have paid up”. It could be said that the fault lies with the individual because he didn’t fight back and the car park operatives took advantage.

By paying the parking charge, there is an admission of guilt although he could possibly issue a claim for breach of contract in the Small Claims Court. In Court, he could state that he paid to mitigate his loss and ask for the £60 plus expenses for his time spent on the case.

My advice in this instance would be to appeal (as he did) with all correspondence sent by recorded delivery, keep a timeline of events and let it go to Court where you would expect the case to fail as the contract was not honoured or fulfilled.

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