Legal Update – Jan 2015

Courts confirm that charges issued by Combined Parking Solutions are 100% enforceable even when a person claims not to be the driver.

Combined Parking Solutions recently had a case in which the registered keeper claimed not to have been the driver and therefore could not have entered into a contract to park and therefore the charge is not their responsibility.

The driver also claims not to have seen the signs, but as we constantly tell people that a defence of not seeing the signs is not sufficient if we can demonstrate they were available to be seen.

You will see in the attached transcript the driver also claimed the charges were unfair, we suspect he was trying to convince the court they were a penalty – however the court decided (with the assistance of binding case law) that ALL our charges are based on a genuine offer to park and therefore fully enforceable.

The court also concluded that as the charges are a ‘core term’ of the parking contract then they are outside the scope of Unfair Contract Terms Act, therefore resulting in the charges being fully recoverable.

Paul Scott of Combined Parking Solutions states “We do not issue penalties or accuse people of breaching contracts – the signage is very clear that you have a choice you either park here and the charge is £100 or you park somewhere else. We hear the same arguments day in and day out and most of this is often fuelled by various online consumer forums who advise defendants they will provide a cast iron defence which has never been beaten when in reality they have never won and I seriously think that defendants need to ask these so called experts on the forums when the last time they won a case against combined parking solutions and ask for proof – of course the answer will be none (although I suspect they will also claim they have never had the chance which is a total lie)”.

It is very important when choosing a car park management company that they can demonstrate their ability to enforce charges and Combined Parking Solutions continue to do so .. time after time.

; O’Donnell – Middlesbrough County Court

Combined Parking Solutions yet again shows that their charges are 100% enforceable – contact us today if you require assistance in resolving your car park issues with a system that is proven to be 100% effective, legally enforceable and free to implement.