Know your Parking Rights?

The British Parking Association has created a website explaining parking rights and what to do if you receive a parking charge.

For further information breachvisit their website
http://www.knowyourparkingrights.org/

Legalities

Landlords and tenants have the right to preserve parking for legitimate users of their land, this can be for customers, residents or members of staff. They also have the right to charge drivers who unfairly use their facilities or breach the terms and conditions displayed in these areas. First Parking use their knowledge and expertise to help owners and occupiers of private land to protect their property from abusive parking.

In the case of ParkingEye v Beavis [2015] UKSC 67, their Lordships held that whilst the penalty rule was plainly engaged, the parking charge did not constitute a penalty. The court determined that although ParkingEye was not liable to suffer loss as a result of overstaying motorists, it had a legitimate interest in charging them, namely that of running an efficient car park which extended beyond the recovery of any loss.

The ‘Supreme Court’ decisions is binding law on all other courts throughout the UK.

Schedule 4 of the Protection of Freedoms Act 2012 provides that the creditor has a right to recover unpaid parking charges from the keeper of a vehicle, providing certain conditions are met. If the registered keeper refuses or is unable to identify the driver at the time the parking charge was incurred (within 28 days of requesting the information), the registered keeper may be liable for the parking charge.

The provisions in Schedule 4 are intended to apply only on private land in England and Wales.