Can contract law-governed parking enforcement companies pursue me for a parking charge notice payment?

I just received a parking charge notice from an enforcement company for overstaying my welcome at the MOTO Trowell services on the southbound M1, during a journey from Newcastle-upon-Tyne to London. Is this company governed by contract law, and does this restrict the ability of the enforcement company to take it further? I am considering following your advice but would hate to be dragged to court and possibly incur further costs. They are presently requesting £80 pounds or £50 if I pay within 14 days).

I would normally be quite stoic about paying a parking charge, but as my offence took place between the hours of 01:36am and 05:21am as I took a (admittedly rather long) nap before proceeding, I find the charge excessive.

Asked on 14 October 2010 by AR, via email

Answered by Honest John

Yes, the company is 'governed by contract law', not by criminal law, nor by ‘de-criminalised’ parking regulations. If you park your car in a private carpark you enter a contract with the landowner. Normally a contract involves 'consideration' (payment), but in this case the payment is in the form of whatever you pay to use the facilities at the service area, for example by buying food and drink and refuelling your car. You are also following government advice to “Take a Break”.

However, you cannot be held to a contract if its terms are not adequately posted or are not "reasonable", or both. In your case, both. So by offering £5 or £10 "in reasonable compensation for your unknown breach of contract in overstaying the contracted time," you have done all you need to do to fulfil your contract and the carpark enforcers will have to take the matter to a County Court near you to pursue the matter any further. In retail or restaurant or pub car parks, if you do not use the retail outlet or restaurant or pub, you are effectively stealing a parking place that could be used by a customer of the establishment to the financial benefit of the establishment and what is "reasonable" compensation for this theft is different, depending on the car park and the circumstances. FAQ at: www.honestjohn.co.uk/faq/parking-fines

Tags: legal advice car parking motorway services parking charges

Similar questions

I had my parking fine from an M6 service station cancelled after threatening to ban my sales force from using them.

You have helped me with this info in the past, but on the last occasion with an unfair £80 fine at an M6 Moto service station, they refused my offer of £10. I then wrote to Moto head office directly and...

How should I proceed with disputing an unfair parking charge notice issued at a motorway services?

I recently took your advice to another reader regarding his fine for overstaying the permitted two hours at Aldi. In my case I incurred an £80 parking fine (reduced to £50 if I pay early) for staying too...

Please suggest to your readers that they pay by card when using a toll road, in case of an erroneous parking charge.

I called into Norton Canes services on the M6 Toll/Expressway services in the morning en route to a meeting in Northampton, staying just long enough to makes a phone call and use the toilets and then carried...