My wife overstayed in a shopper's car park - should she pay the fine?
On 21 December 2010 my wife was shopping at a local retail outlet and unknowingly exceeded the allowed parking time by 32 minutes. She was Christmas shopping in the stores on site during this time with receipts as proof, with the exception of getting back to her car and driving off the site. She has received a contractual parking charge notice with a demand to pay £70 within 28 days or £50 within 14 days for exceeding the maximum duration of stay permitted. Is she legally obliged to pay this fine as she was not abusing their free parking but using it for which it was intended?
Asked on 4 July 2012 by RG, Coventry,
Answered by
Honest John
She is in breach of contract, so could be sued to pay it. But until October 2012 when Clause 56 or the Protection of Freedoms Act becomes law, no one is entitled to charge the registered keeper of the car for the breach nor to demand of the registered keeper who actually breached the contract.
So it's up to you, but the registered keeper will be increasingly harassed for the payment and I think that since she did commit the breach, one of you should pay. In the end, this will be self-defeating as a moneymaker because nobody will park a car without very carefully checking any notices and finding out exactly what the parking contract is. If you want to complain, use www.britishparking.co.uk/AOS-Enquiries/
So it's up to you, but the registered keeper will be increasingly harassed for the payment and I think that since she did commit the breach, one of you should pay. In the end, this will be self-defeating as a moneymaker because nobody will park a car without very carefully checking any notices and finding out exactly what the parking contract is. If you want to complain, use www.britishparking.co.uk/AOS-Enquiries/
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