We are being asked for payment after overstaying in a car park, despite being disabled - what should we do? | Ask Honest John

We are being asked for payment after overstaying in a car park, despite being disabled - what should we do?

Re. letter 'Hello Moto' in your Telegraph column, 25 September 2010. I've had a similar experience at the Royal Hotel car park, Weston Super Mare, with Parking Eye Ltd. I've been fined £90 for overstaying 13 minutes on 17 September 2010. Following your advice I posted them a cheque for £10, final settlement, etc. The cheque has been cashed by them and they have followed it up with a demand for a complete settlement for the outstanding £80. I posted evidence of disablement and that I was visiting disabled friends at the hotel as well. We are all senior citizens, 79 and 80 years old. Desperately worried.

Asked on 2 October 2010 by AW, via email

Answered by Honest John

They have already accepted your payment. If they want to pursue you for more they will have to do so via the courts and the courts will not back them up. It isn't a "fine". They are not allowed to impose a "fine". They can impose a "penalty" for breach of contract, but only if "reasonable" and only if adequately warned of by a notice so you can read the terms of your parking contract with them.

Tags: legal advice car parking parking charges

Similar questions

Is this a loophole that could be used to avoid paying parking tickets?

So far I have not been caught by private parking enforcers, but I have some ideas if I ever am. For example, if I'm in breach of contract with anyone, it's with the owner of the supermarket or whatever,...

I've made reference to your comments on the Protection of Freedoms Act in reply to a column in Country Life.

Carla Carlisle, a columnist with Country Life, wrote a harrowing piece about an A14 accident in the Travel Section of the DT on Saturday 24 March. I wrote to her this week and had a very positive email...

What are your thoughts on the new BPA Independent Appeals Service?

As things stand The British Parking Association fully expects to have an Independent Appeals Service in place for October 2012. Meanwhile, if you come across a reader complaint that you feel is justified,...