At ADR-Legal, we specialise in the recovery of Parking Charge debt. We deal with many nationwide companies managing a range of car parks, from large retail areas to small countryside spaces.
Working in the private parking sector we often see companies shown in a negative light, as ‘scammers’, but in fact, we know that they offer a positive and beneficial service for land and business owners. The private management of car parks is commercially necessary for land/business owners. Owners have a right to manage their private land as they see fit, and allow motorists to use this land for parking under certain terms and conditions. It’s also a necessary action to ensure that their business can run successfully.
There are many myths relating to private parking companies and the PCN’s (Parking Charges Notices) they issue, we’ve chosen four of the most common myths and explained the truths about them.
Private parking charges are not enforceable
There has been a common misconception for a while that if a Parking Charge isn’t issued by the police or a council then it can be ignored. Parking Charges are often referred to as invoices rather than charges. While a Parking Charge Notice and a Penalty Charge Notice (issued by civil enforcement officers, council, police) are different, they are both used to regulate parking conditions and are both enforceable. If ignored, Parking Charges Notice’s can be escalated to court resulting in increased costs for the motorists, and in some cases can leave motorists with a CCJ.
Blue Badge holder can park anywhere
Unless stated on signage, Blue Badge holders must abide by the same terms and conditions of the car park as other motorists on private land. When parking in a marked disabled bay a valid Blue Badge must be in clear view, with the expiry date and hologram on show. Blue Badge holders are still required to pay and display when parking on private land, as with any motorist it is always essential to check signage to note any specific terms and conditions on the site.
If a pay and display ticket is purchased it does not matter if the vehicle registration is correct
If a motorist decides to remain on the land they must abide by the terms and conditions. One of the terms and conditions of parking on a pay and display site is to ensure they have entered their full and correct vehicle registration when making payment. Even if a motorist enters this incorrectly by one digit, they are liable for a Parking Charge Notice.
A physical Parking Charge Notice must be affixed to the windscreen
Many private parking operators use ANPR cameras to manage sites. Still images are captured of vehicles/vehicle registrations on entry and exit to the car park. If a vehicle breaches the terms and conditions of the site the details are then sent to the DVLA for keeper details. Once the DVLA provides the keeper details a Parking Charge Notice is then sent in the post.
Not all sites use ANPR camera technology, some use wardens in order to ensure the correct use of disabled bays, parent and child bays etc. When wardens are used, motorists may be issued with a physical Parking Charge Notice (PCN) at the time but can also receive a PCN through the post as with ANPR managed sites.
The internet is full of misconceptions about the parking industry, it is important to deal with any Parking Charge Notices received as soon as possible by either appeal or payment to avoid increased charges with debt recovery companies or litigation.