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Belfast Live
Belfast Live
National
Lauren Harte

Northern Ireland expert explains rules if you're hit with a private car park fine

The Northern Ireland Consumer Council has issued a reminder to people to take care when parking in privately managed car parks.

With the number of private car parks increasing across Northern Ireland, the consumer watchdog also has advice on how to avoid getting a Penalty Charge Notice (PCN) and what people can do when they receive one.

Earlier this week, Belfast Live reported on the plight of a Co Down woman who was hit with a parking fine due to entering the wrong number plate details.

Elaine Elliott, 64, from Katesbridge, was contacted by Smart Parking, a company that uses number plate reading technology after she parked at Bangor Marina last August to meet friends for a walk.

Despite taking immediate action and correcting the number plate details on the ticket with a pen, two months later, Elaine received a letter through the post from Smart Parking with a £40 fine for not having a ticket.

Elaine decided to appeal the fine since she had a ticket but that was upheld. However she was then baffled to be charged a £20 service fee for the process.

"Last week I received a letter from a debt recovery agency charging me £150 and stating that if I didn't pay within seven days, they would take me to court with the risk of the fine going up to £235 if I'm unsuccessful," said Elaine, who feels the action is unfair as she took immediate steps to rectify her initial mistake.

Landowners such as shopping centres and supermarkets often sub-contract their parking facilities to private parking companies, who can charge for parking.

If you use a private parking place you need to follow the rules of the car park. When a PCN is issued to you and you believe you have mitigating circumstances or that the charge has been issued incorrectly, you can challenge this payment.

In the last five years, the Consumer Council has helped more than 6,400 drivers who received a Penalty Charge Notice from a private parking company, and have successfully appealed PCNs totalling £500,000.

Noleen Charnley, Head of Insight and Investigation at the Consumer Council, said “We have seen a huge increase in the number of Parking Charge Notices issued to registered car owners, but the rules around these aren’t as straightforward as with publicly owned car parks.

“It is important that you don’t ignore these notices as you only have 28 days to appeal, and failing to do so will result in the PCN escalating.

“There are clear rights of appeal, and the Consumer Council has helped over 6,000 people in this process in the last five years, helping to clear more than £500,000 in private parking charges.

“There are a number of grounds for appeal, and if you receive one of the notices, we can help you work through these.

“For example, the law in Northern Ireland states that it is the driver of the car, not the registered keeper, whom is liable, and the onus is on the private parking company to prove that the registered keeper of the vehicle was driving the vehicle at the time.”

Noleen added: “Of course, the best way of making sure you don’t have to pay a fine, is to be smart when you park. There are some easy steps you can take when parking to avoid a PCN.”

The best way to avoid a private car park fine is to:

  • Read the signs – Signage will tell you the length of time you are allowed to park there.
  • Park correctly – PCNs are not just for over-staying. You can be ticketed for parking over the white lines so park with that in mind.
  • Show your permits – If you are a permit-holder, or blue badge carrier, make sure it is clearly visible.
  • Check your registration – Make sure you enter the correct car registration in Pay and Display machines.
  • Blue badge or permit holder spaces – Do not park there unless you have the permits to do so.
  • Keep your ticket – Just in case you receive a PCN.

The Consumer Council provides free, independent support and advice for all consumers and businesses in Northern Ireland.

Their mission is to protect and empower consumers, investigating complaints on their behalf about energy, water, transport, postal services and private car parking as well as researching local consumer issues.

If you do face issues, you can contact the Consumer Council for support and information on FREEPHONE 0800 121 6022 by emailing contact@consumercouncil.org.uk. You can download their Private Parking Charges Factsheet from www.consumercouncil.org.uk.

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