There has been something of an increase in the issue of parking notices, not the normal parking ticket you get for parking on a double yellow line, but something with the grand description of parking violation enforcement notice or something similar. Such notices are often attached to parking lots and private land.

The words “Parking Violation” and “Notice of Enforcement” are clearly used with the intention of trying to persuade the poor driver that the Notice is an important document and that legal proceedings will be initiated if payment is not made. While parking on double yellow lines can lead to a fine and prosecution if ignored, the situation is not the same with respect to a notice issued by the owners of a privately run car park. The landlord would, in effect, have to sue for breach of contract in County Court. Given the amount that will be involved, the claim would be a small claims matter.

The “contract” is that when you drove to the parking lot and parked the car, you accepted the offer to park there on the owner’s terms provided of course they are clearly displayed. So if you buy a ticket for 1 hour but leave your car parked there for 4 hours, you have breached the terms of the contract. The burden of proof would be on the landlord to persuade the Court that you had breached the terms of the contract. The claim would be for damages arising from the breach of contract and the owner would have to establish that level of damages to the satisfaction of the Court. Just because the car park imposed a fine/fee of £80 or whatever, doesn’t mean the Court would accept it as a reasonable loss to the owner arising from the alleged breach of contract.

The parking owner can get your details from the DVLA and write to you if you have ignored your Notice. Once again, the burden of proof falls on them. If you were not driving the vehicle at the time, tell them and that the debt has nothing to do with you. You don’t have to tell them who was driving. If you were the driver, do not admit it, but ask them to present any evidence they have that the court will rely on to identify the driver. If they can’t do it, then they should stop bothering you.