Information for Motorists

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Frequently Asked Questions

  1. Is it legal? Yes, we have a contract with the land-owner on all land on which we operate. The signage we install as part of the scheme creates an “offer” of parking within the advertised terms and conditions. Should you breach these terms and conditions you agree to be charged £100.00 (reduced to £60.00 if paid within 14 days of issue).
  2. What if I did not see or read the signage? It is the drivers responsibility to look for and read the terms and conditions, much like any other contract you enter into.
  3. Is it enforceable in court? Yes, in England and Wales see “ParkingEye Limited v Beavis” High Court and Supreme Court cases and also for Scotland see “Vehicle Control Services v Carly Mackie” in the Dundee Sheriff Court.
  4. This is not a “Genuine pre-estimate of loss” (GPEOL) so is not enforceable and / or the Charge is “unconscionable”. GPEOL and the amount being unconscionable was dismissed by the supreme court in ParkingEye Limited v Beavis. Click here for more information.
  5. Do the terms and conditions apply to me as I am visiting? The terms and conditions will apply to all parked vehicles.
  6. Is this a fine or penalty? No, we are not an authority with legal powers to fine or issue a penalty charge. However, the Parking Charges are enforceable in court.
  7. I have a blue badge, why have I received a charge? The Department for Transport’s Blue Badge scheme for the disabled driver allows for blue badge holders to park in certain restricted areas for up to three hours (areas and times may vary depending upon the local authority). This concession applies only to the public highway and is not relevant on private land. Some landlords provide preferential parking for blue badge holders, this is generally subject to the same terms and conditions found elsewhere in the car park, including any tariff payments that apply to users of the car park and/or any maximum stay period. To avoid confusion, you should always check the terms and conditions displayed on the signage on site.
  8. I would like to make payment, but I have lost the letter/do not know my reference numberIf this is the case, we would advise making contact with us directly so that this information can be provided. This can be done by emailing drivers@ardpark.co.uk

  9. Are you a member of POPLA? No, we are in the IPC and POPLA is for BPA members only. IPC run the industry leading Independent Appeals Service which is a similar service to POPLA, however, the IAS panel of adjudicators are all qualified solicitors and barristers (unlike POPLA).
  10. What will happen if I ignore the Parking Charge? If all the correspondence sent by ARDPark is ignored and payment in full is not received, then the Parking Charge will be reviewed and further action could include a referral to a Credit Reference Agency, the instruction of solicitors to secure immediate payment, a referral to debt recovery, or the issuance of court proceedings, all of which will incur further costs. If you wish to appeal a Parking Charge, we would urge you to complete our appeals process upon receipt of the first notification.