“I’ve had a parking fine today for £100 for parking in Withybush Retail Park by a company called Parkingeye Ltd. Is this a scam or have carpark charges been introduced at Marks & Spencer in Haverfordwest?”

Given that parking meter scams are on the increase locally, it’s an understandable question, posed on the Pembroke Dock and Pembroke Citizens’ Forum Facebook group recently.

The free car park, which serves the retail park next to Withybush Hospital, has been unrestricted for years, and despite there now being abundant signage warning motorists of a three-hour parking limit, it’s easy for people to remain ‘blind’ to new instructions in familiar places.

Haverfordwest Town Council confirmed that it’s not a scam, after a concerned caller from Crymych received a parking notice: 

“Residents to be aware (or reminded if they are already) that the privately owned retail park in the town, via its partner Parkingeye, are enforcing fines on car park users if their stay extends beyond three hours. Within the Costa Coffee parking area this is only 90 minutes. 

“The penalty for overstaying is £100, reducing to £60 if paid within 14 days.”

They add: “There is a camera at the first parking bay on the right after M&S which takes an image of vehicles on arrival which is proven on the penalty notice.”

As well as Marks & Spencer, Withybush Retail Park includes Sports Direct, Home Bargains, TK Maxx, Oak Furnitureland / Sofa Store, Mountain Warehouse, Next and Boots. The car park introduced a maximum three-hour stay this summer but some shoppers are saying that the restriction doesn’t allow them sufficient time.

One customer who ended up having to pay a ‘fine’ has a disabled daughter who enjoyed two hours in TK Maxx picking out some clothes and shoes. Coupled with other shopping for the family, the trip had taken them 10 minutes over time. “The cameras will also reveal my disabled daughter in her wheelchair but they don’t care. Horrid times we live in.”

Another added: “It’s disgusting that the three hours is the same for disabled people too. By the time it takes someone with mobility issues to either get their equipment in and out of their car and/or very slow walking around is going to cause a lot of problems and distress.”

Not everyone is against the restriction. In a Kilgetty-based Facebook group, one person commented that it’s “about time” and another: “So there should be. It’s a nightmare at times.”

With limited parking availability at the nearby hospital, patients and visitors who are sufficiently mobile have sometimes chosen to drive to the retail park and walk to the hospital from there. It wouldn’t be fair either to shoppers or retailers to suggest that the car park has a duty to accommodate hospital traffic overflow, but prominent ‘No Hospital Parking’ signs make it clear that hospital users are on their own. 

With the recent agreement between Gwili Railway and Glangwili Hospital showing the way, perhaps it’s time for the scarcity of parking at Withybush Hospital to be addressed, especially since shoppers may now be tempted to use the hospital car park.

Parkingeye is proud to have helped Wye Valley Visitor Centre make the most of its car park facilities that had been previously ‘beset by misuse and abuse that affected capacity from paying customers,’ and how ‘improved security, rising revenues and virtually eradicated abuse helps make life easier’ for Abersoch Golf Club.

“We understand that nobody likes to receive a parking ticket,” the company website adds. “We work with our industry bodies, the British Parking Association and POPLA to ensure Parkingeye does everything it can to be a fair and ethical provider of car park management services.”

“The car parks managed by Parkingeye have clear terms and conditions of parking, as detailed on the signage within the car park. If the terms and conditions are breached (e.g. overstaying a free period or not paying for your parking), then a Parking Charge will be issued. If you feel the Parking Charge has been incorrectly issued, we will consider any appeal.”

But is this all bluster? Can a private company actually issue and enforce a fine? There has been much debate about this across social media. “Private parking companies rarely enforce it,” says one; “If you’ve not signed anything, or admitted fault, then you’ll be fine,” says another. “Not true,” replies a third. “Parking eye will send you to court if you don’t pay it and you will end up with a County Court Judgement. Clowns keep giving this advice and others end up in trouble with it.”

One statement invites further attention: “Have you ever heard or seen anyone taken to court over these so called ‘invoices’? Because that’s all they are! Bully boy tactics! Not worth the paper they are written on!”

The advisors at Money Saving Expert agree, to some extent: “Don’t think of private parking tickets as ‘fines’. They’re not. Private parking companies have no official right to fine you, though they may try to make you think they do. All they’re doing is sending you a notice of what they deem to be a breach of contract.”

However, the advice doesn’t end there. “Of course, landowners have a right to charge for and police parking, eg, if you’ve blocked a hospital entrance. If you’ve broken the rules, pay up.”

When you park in a privately-owned car park, “you’re effectively entering into an unspoken contract between you and the landowner.

“If you park in a reserved place, overstay, don’t pay or leave your car outside an allocated parking area, the landowner can argue you’ve broken this contract, and issue you a parking ticket.

“Under contract law in every part of the UK, private firms are allowed to do this. However, this doesn’t mean they can issue tickets willy-nilly. To enforce their case, they’d ultimately need to take you to court. Even then, don’t worry – it’s not a criminal problem, just a contract dispute.”

In 2015 Barry Beavis lost a case against Parkingeye Ltd when the Supreme Court ruled that £85 was not ‘excessive’ or ‘unfair’. Since then it has become harder to challenge tickets on the grounds of ‘excessive’ cost. 

It’s still possible to fight unfair tickets though, as mistakes can happen. 20 months ago, two readers wrote to the paper after receiving parking fines at Tenby’s Royal Gatehouse Car Park. One of them, a visitor travelling with a Blue Badge holder, had adhered to the time limit but was issued with a parking charge along with questionable photographic evidence and threats of debt collectors. The other had put a pound in the coin slot, but the machine had not issued a ticket.

Clearly in such cases it is only right to contest any parking ‘fines’ issued. The Money Saving Expert recommends doing this by the book. If you are able to, gather evidence that will help your case, then in the first instance appeal to the parking firm directly. If your appeal is rejected, you can then appeal through the official trade body process, which for Parkingeye is POPLA.

For more advice, plus links and resources on this subject, visit moneysavingexpert.com and search for ‘unfair parking tickets’.