Parking distance control

I know you've had queries on private parking contractors before, but this one's a bit different. On Friday 12 February I parked at Leigh Delamere Westbound Services on the M4. Knowing I would exceed the 2-hour limit, I rang the phone number quoted on the notice boards (for a company called Ringco) and quoted the 'Location Number'. Ringco did not have a record of the location, and had never heard of Leigh Delamere. All my attempts to find another way of paying failed (asking for a Duty Manager, hunting for any other phone numbers etc), so I had to leave my car with an explanatory note, while I went to my meeting. I have just received a 'Parking Charge Notice' from a company called CP Plus requesting £90, or £50 if paid within 28 days. The Leigh Delamere people must know that their notices are wrong, yet are fining people. So either they are just incompetent, or this is a deliberate scam. Most people would I suspect grit their teeth and pay to avoid trouble, but is it reasonable to fine motorists for not paying, when there was no means of paying? Should I protest, if so how, and do I have a reasonable chance of winning - or should I just roll over?

Asked on 15 May 2010 by S.S., Oxford

Answered by Honest John
You don't have to pay because you did what your contract with the parking operator demanded of you and the operator was in breach of contract to you rather than you in breach of contact to it. Your mobile phone record will prove you phoned the number on the notice. Write back, stating the circumstances and offering to meet and thrash the matter out in the small claims track of the county court. Send that letter by special delivery. They'll drop it. Not worth their time.
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