SDLP MLA Mark H Durkan has warned vigilance for anyone issued a Penalty Charge Notices (PCNs) from private parking companies, many of whom have no jurisdiction in the North of Ireland.
His comments follow an upsurge of penalties issued at retail developments throughout the city.
Said the Foyle MLA: “Parking charges issued on private land are technically not ‘fines’.
“They should not be confused with those issued by the Department of Infrastructure and NSL for parking in a Roads Service car park or along the street.
“Private parking companies have no official right to fine people.
“However, they can issue a ticket a called a ‘Parking Charge Notice (PCN)’, which is technically an invoice, for what they deem to be a breach of their parking contract.
“Typically, car parks that issue PCNs are found operating at local retail parks.
“In England and Wales, the registered owner of the vehicle is liable for any private parking charges the vehicle may incur.
“However, the law is different here and in Scotland, whereby it is the driver of the car, not the registered keeper, whom is liable.
“The PCN will be sent to the registered keeper of the vehicle, however it is the responsibility of the private parking company to prove that the registered keeper of the vehicle was driving the vehicle.
“When challenged by way of appeal, the companies cannot do this and tend to cancel the parking ticket.
“These tickets can and should be challenged.
“I would appeal to people to seek advice as soon as you get one of these tickets.
“I would also stress to motorists, they must not contact the company who have issued the ticket otherwise this will be seen as an admission of fault and will make an appeal more difficult.
“Either contact my office or the Consumer Council and we can hopefully assist with appeals,“ added Mr Durkan.
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