COUNTY COURT PROCEEDINGS
This page is provided for those that have been issued with a ‘Letter of Claim’ due to the non-payment of a Parking Charge.
It may be the case that you feel you should not have to pay the charge; however, our charges are 100% lawful under UK law.
Indeed, in 2015 The Supreme Court of Appeal ruled that two of the most common points of defence used by motorists have no merit; namely:
- The charge is disproportionate to any loss: The Supreme Court of Appeal ruled that the charge need not represent any loss.
- The contract is unfair: The Supreme Court of Appeal ruled that contracts of this nature are perfectly fair.
The Supreme Court of Appeal press release may be viewed here:Download Press Summary
Furthermore, in our own experience, District Judges do not accept the other common points of defence submitted by motorists; such as:
- ‘I concede that I did not display a ticket, however, I did pay for parking and have evidence of payment’: Ultimately, the charge was incurred due to a failure to DISPLAY for inspection, not a failure to PAY. As such, in every hearing that we have attended, where a defense of this nature has been submitted; the Judge has ruled that our charge was lawful and that payment is required.
- ‘I concede that I did not display a permit, however, I do have access to a permit’: The charge was incurred due to a failure to DISPLAY for inspection, not a failure to have access to a permit. As such, in every hearing that we have attended, where a defense of this nature has been submitted; the Judge has ruled that our charge was lawful and that payment is required.
- ‘I was not obstructing anyone where I parked’: The terms of the contract are clear, whether you feel that it did no harm to park where you did is of no relevance. It is the landowners prerogative to require motorists to use their facility on their terms or pay a Parking Charge, a fact that has the full backing of the law.
- ‘I was getting change to pay for parking’ when the Charge was issued’: We are only required to give sufficient time for the motorist to read the signs and decide if they wish to remain or seek alternative parking; there is no scope for a motorist to leave their vehicle parked whilst obtaining change. As such, in every hearing that we have attended, where a defense of this nature has been submitted; the Judge has ruled that our charge was lawful and that payment is required.
In light of the above, when we issue a charge in line with the terms of the contract, there is an expectation for it to be paid; as such, we are prepared to pursue the debt via the County Court if necessary.
Prior to issuing a Letter of Claim, we perform manual checks on each and every case; therefore, rest assured, we have 100% confidence of success in a County Court hearing at this stage of the process.
If, however, you feel that you do have LEGAL grounds for appeal and wish to defend the claim (potentially in front of a District Judge in a County Court), bearing in mind that mitigation is not considered in contract law; please download, complete and return the following ‘Response Pack’ within 30 days of receipt of our ‘Letter of Claim’.Download Response Pack
Completed forms should be returned to:
Post: Litigation Department, Alliance Parking UK Ltd, PO Box 520, Newquay, Cornwall, TR7 9BU