Contract Law and Private Parking Fine: What You Need to Know

In recent years, private parking firms have become increasingly aggressive in pursuing fines from drivers who have violated parking rules. Many motorists have found themselves on the receiving end of a charge from a private parking company for exceeding the time limit of their stay, parking without a permit, or for other parking offenses.

But are these fines legal? And what can you do if you receive one? In this article, we explore the legal framework behind private parking fines and what your rights are when facing such charges.

The Legal Basis of Private Parking Fines

Private parking companies are governed by contract law, which means that their authority to fine drivers who violate parking rules is derived from their contractual relationship with the landowner. When a motorist parks on a private property, they enter into a contract with the landowner or operator of the parking facility. This contract sets out the terms and conditions of the parking, including any fees or charges that may be levied for parking violations.

The contract between the parking company and the landowner must be fair and reasonable, and the terms must be clearly communicated to the motorist. The terms should be prominently displayed on signs in the parking lot and should be easily understandable.

If a motorist violates the terms of the contract, such as by overstaying their allotted time or parking without a permit, the parking company is entitled to enforce the terms by issuing a charge or fine. The amount of the charge should be reasonable and proportionate to the offense committed.

Your Rights When Facing a Private Parking Fine

If you receive a private parking fine, the first thing to do is to check whether the charge is legitimate. Look for signs that clearly set out the terms and conditions of parking, including any fees or charges that may be levied for parking violations. Check whether the terms are reasonable, and whether they have been clearly communicated to you.

If you believe that the charge is unfair or disproportionate, you can challenge the parking company`s decision by appealing the charge. The appeals process should be clearly set out on the parking company`s website or on any correspondence that you receive from them.

When appealing, you should provide evidence to support your case, such as photos of the signs, details of any mitigating circumstances, or evidence of payment if you have indeed paid for parking. If the parking company refuses your appeal, you may be able to take your case to an independent appeals service, such as the Parking on Private Land Appeals (POPLA) service.

It is important to note that private parking firms do not have the power to issue fines, as only public bodies such as local authorities and the police have this power. They can only issue charges, which are based on contract law.

Conclusion

Private parking charges can be frustrating and confusing, but they are governed by contract law, which sets out the terms and conditions of parking on private property. If you receive a charge, check whether the terms are fair and reasonable, and whether they have been clearly communicated to you. If you believe that the charge is unfair, you have the right to appeal the decision and provide evidence to support your case. By understanding your rights and the legal basis of private parking charges, you can protect yourself from unfairly imposed fines.