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It may well ahve been an error to write to them; they have no redress as a crime has not been committed, what has occurred is an breach of an "alleged" breach of a contrac and this is a civil matter.. If they take you to court, (unlikely) they can only be awarded compensation ofr any loss they may have suffered. Overstaying in a free for 2 hours car park isn't going to amount to much of a loss.
Informed comment here from www.clmlaw.co.uk
Private Parking Tickets
The first thing to do if you receive a parking ticket is to check whether it is a ticket issued by
a Public Authority or whether issued by, or on behalf of, a private firm or company.
If you have been issued with a parking ticket by, or on behalf of a private firm or company,
then, be aware that the issuing of such private parking tickets by private companies are
largely unregulated, and strictly speaking, such private companies can charge what they like.
That said, many such private firms or companies are members of the British Parking
Association, and if they are members, then the Association has its own Code of Practice
which currently sets a maximum charge.
The issuing of such parking tickets by private firms or companies (unlike parking tickets
issued by the police or local authorities) does not constitute a fine or criminal offence.
In such circumstances, the right to recover the amount specified in the private parking
ticket is based purely on contract law. Essentially, under contract law, private firms or
companies can claim for payment if you breach your contract with them eg where the
private firm or company allows you to park on their property, but where you have for
example overstayed.
However, the issuing of such private parking tickets can only be enforced under contract law
as you have not, in such circumstances, committed a criminal offence- it is purely a civil
contractual matter.
If you have been issued with such a private parking ticket,- then it can normally only be
enforced if, having ignored the ticket, the private company then send you an invoice demanding payment. If you then ignore the invoice, the private company can only proceed to
claim the sum by the issue of civil court proceedings, claiming breach of contract.
In such circumstances, the company has to decide whether it is worthwhile them issuing
court proceedings to recover the sum involved, which is very often not worth their while.
It should be noted that it is only the driver, and not the owner, who will be liable for the
privately issued parking ticket. The reason being that, under contract law, the contract is
formed between the driver (not the owner) and the private company concerned. Further, in
such a situation, there is no legal obligation on the owner to name or identify the driver.
Even if you are liable, you may still be able to challenge the amount levied under the private
parking ticket, in order to reduce the amount paid, on the basis that the amount is
disproportionately high, compared to any actual loss sustained, and thereby constitutes a "penalty"
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