Parking Dispute Case
The client received a parking charge notice from a parking operator due to their vehicle overstaying the permitted time in a shopping park. The extended duration was caused by a mechanical issue with the car, specifically a flat tyre requiring roadside assistance, which took several hours to resolve. Despite providing evidence of the situation in an appeal, the client did not receive a response and subsequently received a notice from a debt collection agency demanding payment. The notice indicated a deadline for payment to avoid further legal action, while the client's ability to appeal is now limited.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my rights and options for disputing the parking charge notice?
You have the right to dispute the parking charge notice if you believe it was incorrectly issued. Given the evidence of a mechanical issue, you should continue pursuing the appeal, ensuring all necessary documentation is submitted. You can dispute the charge by contacting the relevant regulatory body or appealing to an independent adjudicator if the initial appeal is rejected. Ensure all communications are recorded, and do not pay the charge while your appeal is ongoing.
How does the appeals process work if I have already submitted evidence of a legitimate reason for the delay?
The appeals process typically involves the parking operator reviewing your submitted documentation to evaluate the legitimacy of your claim. If your appeal is pending, further enforcement actions are generally paused until a decision is made. If the parking operator fails to respond within the stipulated timeframe, you should follow up while retaining all correspondence as evidence. If your appeal is rejected, you may escalate the matter to an independent adjudicator.
What are the legal implications of the letter from the debt collection agency, and what should I do next to address this situation?
The letter from the debt collection agency is a formal notice of debt recovery, indicating the unpaid parking charge has not been resolved. It is crucial to act promptly to prevent legal action. You should reach out to the agency to confirm receipt of your appeal and evidence. As direct appeals with the original operator are no longer possible, be prepared to present your evidence if the case goes to court.
Is there any potential legal defence I can use because of the mechanical issue with my vehicle?
The mechanical issue may serve as a potential defence under the doctrine of "frustration of contract" if you can demonstrate that the flat tyre was an unforeseeable event which made it impossible to comply with the parking terms. Supporting documentation may help with this defence.
Could the location where the incident took place affect how the parking dispute is handled?
The location, such as a private car park, directly impacts how parking disputes are managed. Private landowners set parking terms, and disputes often depend on whether these terms were clearly communicated and reasonable.
