Parking on a private road - should I fight it?
A week ago my wife had a hospital appointment in Derby and as usual having parked here for the previous two years, she parked across the main road from the hospital. When she returned she found that a private company had attached a penalty notice to her windscreen.
However:
-She was not parked on any yellow lines whatsoever
-The yellow lines were on the opposite side of the road to where she was parked
-On the land beyond the footpath was a notice from the private company advising 'No Parking Allowed on Private Road, Pavement or Grass Verge' but she (and many other drivers who had fine notices) had no indication that the road on which I had parked was private, indeed the road was named with a typical street name plaque.
I have taken photographs of where I was parked and it can be clearly seen that there are no yellow lines along the side of the road on which I was parked.
I have been advised by friends and family not to enter into correspondence with this company as once they have my private address they will begin to bombard me with ever increasing notices.
At present they are requesting £60 or if the fine is not paid within two weeks then £100. Please would you advise on the best course of action?
However:
-She was not parked on any yellow lines whatsoever
-The yellow lines were on the opposite side of the road to where she was parked
-On the land beyond the footpath was a notice from the private company advising 'No Parking Allowed on Private Road, Pavement or Grass Verge' but she (and many other drivers who had fine notices) had no indication that the road on which I had parked was private, indeed the road was named with a typical street name plaque.
I have taken photographs of where I was parked and it can be clearly seen that there are no yellow lines along the side of the road on which I was parked.
I have been advised by friends and family not to enter into correspondence with this company as once they have my private address they will begin to bombard me with ever increasing notices.
At present they are requesting £60 or if the fine is not paid within two weeks then £100. Please would you advise on the best course of action?
Asked on 14 August 2014 by Nick&Jan
Answered by
Honest John
If this was a private road then Clause 56 of the Protection of Freedoms Bill applies, which gave powers to private parking enforcement operators: www.honestjohn.co.uk/faq/private-parking-penalties/
However, if VAT is charged and itemised on the notice, there may be no escape. You have parked on private land and that is the charge, as it might haver been in a carpark in central London or at an airport. On the other hand, if the parking enforcement outfit is claiming for damages or is claiming a penalty as a deterrent, the legality of that is currently being tested in the Appeal Court.
However, if VAT is charged and itemised on the notice, there may be no escape. You have parked on private land and that is the charge, as it might haver been in a carpark in central London or at an airport. On the other hand, if the parking enforcement outfit is claiming for damages or is claiming a penalty as a deterrent, the legality of that is currently being tested in the Appeal Court.
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