Parkers guide

I met a colleague at Rothwell Services on the A14 recently, as it was equi-distant travelling for both of us. We parked in McDonalds car
Park and had several coffees whilst we discussed a project. We then went outside and checked some samples before leaving. 7 days later I received a "Parking Charge Notice" stating that I had entered McDonalds car park at 10.24 and departed at 12.45. "The maximum period permitted is 1 hour 15 minutes". Parking Eye, who issued the charge, wanted to charge £90, £60 if paid within 14 days. Having checked with my colleague, who also received a charge, neither of us saw any signs relating to any restrictions, I rang Parking Eye, and was asked if I had any receipts for food, but we had paid cash. We therefore contacted the branch and received a hand written receipt from the manageress for 8 coffees and some food, indicating a long stay. I duly copied this to Parking Eye with a covering letter. I have now received a reply from Parking Eye stating "The evidence you provided did not meet the criteria required as stipulated by the landlord of the site."

Asked on 14 August 2010 by JW, via email

Answered by Honest John
When you park in a privately owned carpark or parking area you enter into a contract and are bound by its terms. But if those terms are not clearly stated you cannot voluntarily enter into the contract because you don't know what the contract is. In any case, they would need to take you to court to enforce this contractual term and any judge would find the penalty charges wholly disproportionate. You could completely clear yourself of this by sending a cheque for a 'reasonable' penalty for your overstay - say £5. JW tried this, also asking for the terms and conditions of parking that had not been clearly displayed and copying his covering letter to the MacDonalds franchisee. The upshot was that all charges have been dropped and the cheque for £5 has not been cashed.
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