Landlords and tenants have the right to reserve parking facilities for legitimate users – whether residents, staff or customers – and to charge people who unfairly take advantage of those facilities. At UK Parking Control Ltd we’re in the business of helping the owners and occupiers of private land to protect their property from abusive parking.
In the case of ParkingEye v Beavis  UKSC 67, their Lordships held that whilst the penalty rule was plainly engaged, the parking charge did not constitute a penalty. The court determined that although ParkingEye was not liable to suffer loss as a result of overstaying motorists, it had a legitimate interest in charging them, namely that of running an efficient car park which extended beyond the recovery of any loss. View case
The ‘Supreme Court’ decision is binding law on all other courts throughout the UK.
Schedule 4 of the Protection of Freedoms Act 2012 provides that the creditor has a right to recover unpaid parking charges from the keeper of a vehicle, providing certain conditions are met. If the registered keeper refuses or is unable to identify the driver at the time the parking charge was incurred (within 28 days of requesting the information), the registered keeper may be liable for the parking charge.
The provisions in Schedule 4 are intended to apply only on private land in England and Wales.
The British Parking Association has created a website explaining parking rights and what to do if you receive a parking charge.
For futher information or visit their website http://www.knowyourparkingrights.org/
Refusal to Pay
If you decide to not pay a parking chaerge and we don’t receive payment from you, we will pass your details on to a registered debt recovery agency, and you may also become liable for the costs they incur as a result. If you still refuse to pay we may commence court proceedings against you.
Only recently a woman in Scotland ignored hundreds of parking tickets for leaving her car at Dundee's Waterfront without a permit, claiming they were unenforceable but a court ordered her to pay £24,500 to the private parking company. View article >
Do UK Parking Control really take people to court?
Amateur lawyers posting on internet forums often advise people to ignore parking charges, claiming that they’re not enforceable in law.
This is bad advice. In fact parking companies take people to court every month and in most cases the judge finds in their favour on the basis that:
If you receive a CCJ it can have a major impact on your credit rating and could severely impair your ability to obtain credit. When you contact the bank to apply for a loan or mortgage; for a store or credit card; rent property; lease or hire a vehicle, credit checks may be performed to ensure that you are not a high credit risk. If you have an outstanding or satisfied CCJ on your credit file it is significantly less likely that your application will be successful. Where an individual with a CCJ does manage to obtain credit, they can often end up paying a higher interest rate. Records of CCJs are kept for six years unless they are paid in full within a month of their issue.
Court action is always an option of last resort for UKPC. We always prefer to resolve situations amicably but unfortunately this is not always possible. UKPC feel it is important to make motorists aware of the potential enforcement action that may be taken to recover debts after a court has entered a judgment against an individual. Enforcement can include, but is not limited to:
UKPC have regrettably had to employ all of these methods previously to recover unpaid debts.