Legal

If a driver parks on your land and you have displayed our warning signs correctly, the driver is entering into a contract with you. If they break your parking rules they are 'in breach of contract'.

Parking charge notices are a request for a payment when there has been a clear breach of contract between a landowner(or parking enforcement company) and a driver. Parking charge notices are issued under the terms and conditions set out on the signs. The signs must be displayed in clear and prominent places. If a motorist cannot read the signs because they are inadequate, badly positioned or blocked from view then legally they have not entered into a contract and the parking charge notice is not enforceable.

The reason it is called a 'parking charge notice' is to avoid confusion with other charges that the local authority issues(for example, parking fines). Parking charge notices are only issued on private property.

The parking charge notice is not a 'parking fine', it is an invoice for a claim of breach of contract. To make the claim, the landowner or parking enforcement company must know the identity of the driver and be able to prove in court that they had a valid contract with the driver.

The parking charge notice is sent to the registered keeper of the vehicle. If the registered keeper was not driving, they have to say who the driver was.

Since 1 October 2012, an independent appeals service (IAS) allows motorist to appeal to a third party ombudsman when an appeal has been turned down by the parking enforcement company.

Contract law

Under contract law there has to be an 'offer' and an 'acceptance'. The landowner or private parking firm 'offers' parking under the terms displayed on the warning signs. By reading the terms, a motorist has 'accepted' the offer and must keep to the terms.

If a motorist breaks the parking contract, then the landowner or parking enforcement company can apply to the DVLA for the registered keeper's details.

Self Ticketing UK - Terms & Conditions

  1. Self Ticketing UK is a trading name of UK Car Park Management Limited.
  2. The client (email sender) is the Landlord /Leaseholder or legal occupier of the controlled parking area specified as the Site Address when creating an account. The service can also be employed by authorised agents of the landlord.
  3. The client gives UK Car Park Management Ltd authority to pursue outstanding parking charges through the court if necessary.
  4. UK Car Park Management Ltd will supply warning notices which will state in clear terms the parking regulations which apply to the client’s site address.
  5. The client will provide photographic evidence that the warning signs are clearly displayed when requested. All warning signs remain property of UK Car Park Management Ltd and must be returned when requested.
  6. The client must take all reasonable measures to inform motorists of the introduction of the parking enforcement scheme.
  7. UK Car Park Management Ltd and the client must read and comply with the relevant sections of the IPC Code of practice
  8. UK Car Park Management Ltd will provide the client with an email address to send vehicle images which are to receive parking charge notices. This is done by taking photographs of an offending vehicle and forwarding these on to UK Car Park Management Ltd’s dedicated email address.
  9. No Usage Fee - The service is free to the client as it is funded from Parking Charge Notices payable to UK Car Park Management Ltd, however UK Car Park Management Ltd do reserve the right to charge a ‘No Usage’ fee of £20 should no Parking Charge Notice be paid within 1 year of the signage being provided to the client.
  10. The client must ensure that when taking a photo of an offending vehicle the registration and signage is present.
  11. UK Car Park Management Ltd will issue and enforce where possible Parking Charge Notices to all correctly reported vehicles.
  12. All Parking Charge Notice charges will be in accordance with the costs clearly displayed on warning notices. Any outstanding Parking Charge Notice's may be forwarded to an authorised debt collection contractor.
  13. The Client may request the cancellation of a Parking Charge at their sole discretion within 28 days from the date the Parking Charge was issued. Should the client request the cancellation of a Parking Charge after 28 days but no later than 90 days, £2.50 cancellation fee will become payable by the client within 7 days from the date of the cancellation by the Client. No cancellation is possible after 90 days or in any case where the motorist has appealed to Independent Appeals Service (IAS). Where a parking charge has been paid, no refund will be possible.
  14. The client will not engage in collecting any monies from drivers of offending vehicles direct or indirect.
  15. The Client shall act in professional and responsible manner at all times.
  16. UK Car Park Management Ltd operates a comprehensive appeals procedure and reserves the right to withdraw a parking charge, refund a parking charge and close the clients account if the correct procedures are not followed.
  17. UK Car Park Management Ltd will pay a commission of £10.00 per paid Parking Charge. All payments are made on a quarterly basic by cheque only. Each party will be accountable for VAT where applicable.
  18. This agreement can be terminated at any time by either party without notice, reason or penalty. All warning signs must be returned to UK Car Park Management Ltd.
  19. All complaints and appeals from both the client and the motorists must be made in writing.