If you have displayed our warning signs correctly, and a driver chooses to park on your land, then the driver is entering into a contract with you. If they break your parking rules they are ‘in breach of contract’ between the landowner (or parking enforcement company) and the driver.
The signs must be positioned in easy-to-read, 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. No parking charge would then be enforceable. (Parking charge notices are issued under the terms and conditions set out on the signs).
To avoid confusion with other charges the local authority may issue (for example, a parking fine), for purposes of this activity, it is called a ‘parking charge notice’. 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 motorists to appeal to a third party ombudsman when an appeal has been turned down by the parking enforcement company.
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.
CPS Parking Limited – Terms & Conditions
- CPS Parking Ltd is the trading name of CPS Parking Limited.
- 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.
- The client gives CPS Parking Ltd authority to pursue outstanding parking charges through the court if necessary.
- CPS Parking Ltd will supply warning notices which will state in clear terms the parking regulations which apply to the client’s site address.
- The client will provide photographic evidence that the warning signs are clearly displayed when requested. All warning signs remain property of CPS Parking Ltd and must be returned when requested.
- The client must take all reasonable measures to inform motorists of the introduction of the parking enforcement scheme.
- CPS Parking Ltd and the client must read and comply with the relevant section of the IPC Code of Practice
- CPS Parking 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 CPS Parking Ltd’s dedicated email address.
- No Usage Fee – The service is free to the client as it is funded from Parking Charge Notices payable to CPS Parking Ltd. However, CPS Parking 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.
- The client must ensure that when taking a photo of an offending vehicle the registration and signage is present and clear in the picture.
- CPS Parking Ltd will issue and enforce where possible Parking Charge Notices to all correctly reported vehicles.
- All Parking Charge Notice charges will be in accordance with the costs clearly displayed on warning notices. Any outstanding Parking Charge Notices may be forwarded to an authorised debt collection contractor.
- 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.
- The client will not engage in collecting any monies from drivers of offending vehicles direct or indirect.
- The Client shall act in professional and responsible manner at all times.
- CPS Parking Ltd operates a comprehensive appeals procedure and reserves the right to withdraw a parking charge, refund a parking charge and close the client’s account if the correct procedures are not followed.
- CPS Parking 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.
- This agreement may be terminated at any time by either party without notice, reason or penalty. All warning signs must be returned to CPS Parking Ltd.
- All complaints and appeals from both the client and the motorists must be made in writing.