Enforcement Of Parking Charge Notices (PCNs)
Parking enforcement within the industry has been a taboo subject for many years, mainly being made such by those who have received a Parking Charge Notice after breaking the rules of the car park they chose to park in.
Without effective enforcement however, you will find people simply ignore the rules of your car parks and the subsequent Parking Charge Notices, as they know there are no real consequences. At this point abuse continues, word gets round and the landowner finds their site being used for the wrong purposes, often meaning they lose revenue and cause inconvenience for the correct users, sometimes meaning they lose custom altogether.
We make sure that the car parks we manage are protected from abuse and loss of revenue by ensuring that our dedicated, in-house enforcement team work to bring parking charges that are ignored or unpaid to a conclusion, whether that be through debt recovery agencies or the Courts.
The issuance of court proceedings is considered to be a last resort by us and whether or not a charge progresses to that stage largely depends upon many factors.
Charges that result in legal proceedings being pursued most commonly occur following little or no contact from the registered keeper and in those circumstances we, on behalf of our clients, are left with no option but to take further action to recover the outstanding charge amount.
In respect of the legal enforceability of ParkingEye’s parking charges, ParkingEye would highlight the recent Supreme Court decision in ParkingEye v. Beavis. Judgment was handed down on 4th November 2015, where the majority decision dismissed Mr Beavis’ appeal.
The Supreme Court found that the Parking Charge Notice issued by ParkingEye was neither ‘unfair’, nor ‘penal’. The Court also agreed that the sum sought of £85 was neither ‘extravagant, nor unconscionable’.
It is our position that the Judgment delivers much needed clarity to motorists, landowners and the parking industry. It is also binding upon all lower courts and any Independent Appeals Service.
While our main solutions use ANPR we do enforce with enforcement officers on the ground also