HOW CAN I FIGHT A PARKING FINE AT MY ELDERLY MOTHER’S HEALTH CENTRE?

QMy elderly mother received a Parking Charge Notice at a local health centre. She had to enter the car registration on a touchscreen but, not being familiar with computers, must have made a mistake. She appealed to the parking operator, which confirmed she was a legitimate user and offered to reduce the charge, but not cancel it. We took her case to Parking On Private Land Appeals (POPLA), arguing that touchscreens may not be appropriate for elderly users, but the charge was upheld. She is now in hospital having been diagnosed with advanced cancer. What can I do to continue fighting this case on her behalf?

– KP

A

In the eyes of the law, charging for parking on private land is a civil matter – as opposed to a fine and a legal matter, which it would be if it had been issued by the council or the police. The premise for such charges is that the parking operator considers you to enter into a contract when you park, as advised by signs around the parking area. If you don’t pay, or overstay, you’re in breach of that contract, and a charge is issued. If you still refuse to pay, the parking company can take you to court.

If you believe the charge was not issued fairly, you can fight it by ignoring the charge in the hope that the company won’t bother to pursue you (although if the case goes to court and you’re found to be at fault, the costs can spiral). Or you can pay, then take the company to the small claims court.

Both of these options require time, money and energy. And you have to be prepared for the fact you might end up paying more than if you were simply to settle the charge now.

I agree with your point about this rush to touchscreen (and, in some cases, app-based) parking payment systems leaving many people behind and I think it’s unfair and verging on discriminatory. So I decided to write to POPLA on your behalf to see whether it would be willing to take another look at your case, taking into account your mother’s ill health.

Thankfully, POPLA was able to encourage Civil Enforcement, the company that issued the charge, to cancel it as a gesture of goodwill.