Prepay Parking

Prepay parking is pretty self-explanatory, but just for clarity it is parking where you purchase entry to the car park.

There may be a barrier system with prepay tokens or tickets, or you simply pay for a ticket at a ticket machine or a kiosk, which you either display or produce as and when required to.

When you purchase a ticket it may be interpreted that you have contracted with the parking company, which in turn would mean that you have tacitly agreed to all of their terms and conditions. Although in Law a contract must meet certain criteria in order to be valid.

I have never seen a valid car park contract.

There are usually a whole raft of penalties imposed for breaching the terms and conditions. Many of the penalties may seem arbitrary and punitive, and the penalty charges for such transgressions can be extortionate.

With regard to their signage and the parking company terms and conditions:

  • Signage comes under the parking company rules, and you are not an employee of their company, so how are you obliged in any way to obey their rules?
  • How do they know you can even read, unless you are daft enough to tell them?
  • Simply entering an open car park does not a contract make.

The effect of BoEVAT is somewhat diminished if you really have contracted with the parking company, but then they still have an obligation under the Bills of Exchange Act 1882 to provide you with an invoice when you require it.

In such a case I would send BoEVAT Remedy Notice One and trust to good fortune.

If they send you an invoice that meets all the requirements of the BoEVAT Remedy Notice, you are obliged to pay it.

It is highly unlikely that it will meet all of the contractual requirements, but it is possible.

Do not under any circumstances use their appeals process.

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