PARKING TICKET SOLVED

Q: I parked up in a car park with one-hour free parking. The sign was in large letters with another sign below in very small letters saying a ticket needs to be displayed. I didn’t realise or see the small sign and received a parking ticket. What’s your advice?

A: Evidence is crucial on every appeal, so don’t worry if you haven’t taken photos of the signs. You can scope the car park using Google Street View and take screenshots. It’s clearly a trap and you won’t be the first to be caught out. All signs need to be set to specific criteria and form part of the contract and terms and conditions you are entering into.

The Consumer Rights Act 2015 covers this. S62 Consumer Rights Act 2015 has a requirement for contract terms and notices to be fair. Key terms in a notice need to be fair, bold and prominent and not buried in small print. Unfair terms are not binding on consumers. S68 has a requirement for transparency.

First-stage appeals are usually rejected, but don’t be put off. Escalate your appeal to the second stage and your appeal may be upheld.

If that fails, you’re likely to receive a debt collector letter, which can safely be ignored as these firms have no legal powers to enforce a third-party debt. Don’t be intimidated by the legalese jargons and threats.

The last stop is a Letter Before Claim, which needs to be completed prior to a Court hearing. It’s unlikely your case would end up in Court, although it’s not impossible so don’t ignore any paperwork.

If your case does go to Court, ask the solicitor representing the private parking operator if they have a “right of audience” in Court – do they have a right of audience to represent their client? Many of these solicitors are self-employed and turn up on the day, although they don’t necessarily have a “right of audience”. If the answer is “no”, your case will be immediately dismissed.

If they do have a right of audience to represent the private parking operator, stick to your guns with your evidence and cross-reference it to the Consumer Rights Act 2015. A Court would likely agree that this term of the contract is unfair and say the ticket is void and unenforceable.