I am unclear about the legal basis on which a private company can demand “fines” from people parking on private land (Monday’s Oxford Mail).
When a driver parks on a public highway subject to restrictions, the law permits the local authority to issue a Penalty Charge Notice (PCN) and to levy a fine.
However, where a driver parks his car on private land, as seems to be the case of people accessing the Littlemore Delivery Office, I do not understand the legal basis for demanding money from the driver.
I cannot see the creation of a contract between landowner and driver under which the latter undertakes to pay a fine to the former for parking on his land.
An alternative might be an action in tort but I believe the landowner would need to demonstrate a loss broadly equivalent to the fine he seeks to impose. There is a further question, because the company seeking to levy fines clearly relies on the co-operation of the Driver and Vehicle Licensing Agency to provide the car owner’s details. If you or I sought to know a car driver’s address for any valid reason, I very much doubt if it would be forthcoming.
Private parking enforcement companies like UK Parking Control tend to issue paperwork that looks remarkably like a local authority PCN and many people believe they are being charged by their council. This is not the case at Littlemore Delivery Office.
I would advise anyone caught out by this questionable practice to consult a website like: ticketfighter.co.uk.
KEITH MITCHELL Leader Oxfordshire County Council
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