Should I pay the car parking charge?

[Colh42]

Hi. In Oct 2019 I took my 10 Yr old son to watch a football International in Cardiff City football ground. We arrived at 6.30 and was dark, I parked in the local retail park which was closed. We were in the car park for roughly 3 and a half hrs and took us easily 45 mins to exit the car park because of the other cars trying to leave and the congestion on the roads due to people leaving the stadium. A month later I received through the post a charge from Premier Parking Ltd because apparently there is a maximum 3 hr stay in the car park. I wrote back saying I fel the charge to be unfair as the retail park was closed so there would be no loss of earnings to the retailers which is why the maximum 3 hr stay is in force to stop people abusing the cark park by over staying and preventing other shoppers from using the retail park. That didn't apply in this case.
I ignored other letters but now a company called BW Legal have written to me saying that this is going to civil court and have given me one more chance to pay. I feel strongly enough about this to have my day in court but do I actually have a strong defence or am I actually liable for the charge?

[MIKE770]

ostell

[ostell]

Well you are liable for the charge, that was wat you agreed to on the signs.

As took longer than 14 days to send the first notice then you as the keeper could have told them to go away but it looks as though you have identified who was driving. You can take your chance in court but make them an offer and see if they will go away. You did what the parking charges are trying to prevent: using a car park when not a customer.

[Colh42]

Well, I am not the registered keeper of the car, my girlfriend is. The charge is in her name. The letter threatening court action is also in her name

[ostell]

OK, your girlfriend now writes to the solicitor saying that she was not the driver at the time of the alleged breach and give your name and address as the driver at the time. She reminds them that as they now have the name and address for service of the driver then she has no liability for the charge as condition 5 (1) (b) of schedule 4 of the Protection of Freedoms Act 2012 has no longer been met.

She does not expect to hear from them again except for confirmation that no further action will be taken on this matter.

Of course include all references so they know which PCN is being referenced.

Send by first class post with a free certificate of posting from a post office. If you can also send by email

This should result in you getting your own notice to driver as the process restarts. It should result in a lower charge.

So who did the writing to them? You or the girlfriend? In other words did they already know the name and address of the driver. If they did then also mention this in the letter, with the date sent, and ask why they are continuing to harass the keeper