Every week, the Money team answers a reader’s financial problem or consumer dispute – you can email yours to [email protected]. Today’s is…
I overstayed a parking time limit while loading my car by one minute. I’ve tried to contest it – now they have sent it to a debt collector demanding £170. This seems grossly unfair given I was in the shop purchasing goods.
Jo
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Money blog editor Jimmy Rice tackles this one…
Thank you Jo – parking is right up there with holiday and car rental complaints as the issue we’ve contacted about most.
“I see all the time,” Scott Dixon, aka The Complaints Resolver, told me.
“And you’re right about it being grossly unfair, and it contravenes the new Private Parking Sector Single Code of Practice, which the parking trade associations wrote for their members to adhere to. This is routinely flouted and I am not aware of any parking firms being sanctioned for it.”
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Dixon says parking firms rely on ANPR (automatic number plate recognition) cameras to issue invoices without human intervention, and many invoices are issued regardless of the circumstances.
There are two aspects to this, he says: the “consideration period” and “grace period”.
Consideration period
This applies when you first enter the car park, Dixon says.
The purpose is to give you time to drive in, find a space, read the signs and decide whether to stay or leave after reading the terms and conditions.
The code sets the minimum consideration period:
“During this period, no contract is yet formed,” Dixon says.
“This means a parking charge notice (invoice) should not be issued if the driver leaves promptly after reading the signs and choosing not to stay.”
Grace period
This applies at the end of a paid-for or permitted parking stay, Dixon says.
The purpose is to give you time to return to your car, load belongings or shopping, queue if necessary and leave the car park.
The code sets this at a minimum of 10 minutes (except in short-stay areas under 30 minutes).
“Your case falls squarely inside the grace period,” Dixon says.
“A PCN should never have been issued as there has been no genuine contractual loss. Your appeals should have been upheld.
“Sadly, it’s not surprising to hear they were rejected. This ‘industry’ is unregulated and a law unto itself.”
Dixon says you should have been given the option to escalate your case to either the independent appeal service (IAS) for International Parking Community trade body members or POPLA (Parking on Private Land Appeals) for British Parking Association members.
If both appeal stages were rejected, the amount should have remained fixed at the rate set at the first appeal and not increased to £170 until you were given a further 14 days to pay before referral to a debt recovery agent.
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What now?
You are past the appeals process, so the next stage would be for the parking operator to issue court proceedings.
“You can safely ignore debt collector letters and demands for £170,” Dixon says. “They have no enforcement powers and are ‘strangers to the alleged debt’.”
However, a letter before claim/letter of claim needs a response as it’s a precursor to court action.
“I suggest you try and get this invoice cancelled by contacting the landowner before it goes to court,” says Dixon. “In supermarket car parks, speak politely to customer services with your receipt first. Explain you are a loyal customer and ask if they will cancel it. Always get proof or promises in writing.
“Evidence is key, so make sure you can prove your case in court and have as much evidence as possible, including any witness statements.”
And if it goes to court in this case?
Dixon has this advice: “It’s easy for me to say, but don’t worry about this going to court as a judge will likely invoke the legal principle of De minimis non curat lex (‘the law does not concern itself with trifles’).
“A trivial (de minimis) breach like this is not significant enough to justify the charge, and your case ought to be dismissed.”
A note on timescales
Dixon says: “Realistically, the process from PCN issue to any debt recovery referral should take at least 14 to 15 weeks. This allows for the motorist’s appeal window (14 to 28 days), the operator’s response period (up to 35 days), the independent appeal stage (around 28 days for IAS or POPLA) and a further 14-day payment window after rejection.
“In practice, many operators escalate much earlier, which undermines both procedural fairness and the intent of the Code of Practice.”
That point alone should strengthen your appeal, Dixon says.
This feature is not intended as financial advice – the aim is to give an overview of the things you should think about. Submit your dilemma or consumer dispute via:
