Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: ZigZagZog on November 20, 2025, 04:30:39 pm
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What you can say, safely, is that it is commercially and ethically dubious for an operator to continue pursuing a motorist after the client has asked for cancellation.
This was my first thought. I will leave aside the 'ethical' argument (I agree it's unethical but it's a harder argument to advance).
One of the key points in the ParkingEye vs Beavis Supreme Court case, which paved the way for the legal enforcement of these charges, was that the parking charge, which would otherwise have been an unlawful penalty, was commercially justifiable as it was protecting a legitimate commercial interest of the landowner. Whilst many disagreed with the ruling, I'd argue that most can at least understand the logic employed, and see how a landowner might have a legitimate interest in preventing non-customers from misusing their car park to the detriment of genuine customers.
In this case, I struggle to see how ParkingEye could provide commercial justification. The landowner has expressed an explicit interest in the charge being cancelled, so the only interest they would seem to be protecting is their own interest in making >£20.
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The old “who is the Monkey and who is the Organ Grinder” in a contractual relationship. It’s a very unattractive position for them to take, but it might be contractually possible – and that’s probably what’s going on here.
A few points to try and explain it:
What their letter actually says
The wording is careful: “We have recently received a request to cancel this parking charge via our client… we are unable to cancel the parking charge at this stage…”
That’s not the same as “our principal has instructed us to cancel and we are defying them”. It suggests the landowner (or site management) has asked them to “look at cancelling”, and ParkingEye has decided not to, but will take £20 as a “compromise”.
Principal/agent vs independent contractor
In a pure agency relationship, the principal (landowner) tells the agent what to do. If the principal gives a clear instruction, the agent is normally expected to follow it.
However, most ParkingEye contracts are drafted so that ParkingEye issues and enforces charges in its own name and for its own account, with wide discretion over cancellations. The landowner often keeps a step-back role and simply provides authority to operate, not day-to-day control over each PCN.
If the contract does give ParkingEye cancellation discretion, then a “request” from the client is just that – a request – not a binding instruction. From a third-party motorist’s point of view, that is not something you can usually enforce.
Why this still helps the recipient
Even if they are technically allowed to ignore the client’s request, the letter is useful ammunition:
It is clear evidence that the landholder or site client wanted the case dropped, and ParkingEye chose to press on for money anyway.
In a complaint or in front of a judge, that speaks volumes about motive and reasonableness. It shows the regime is revenue-driven rather than about site management or loss.
It can support an argument on unreasonable conduct and, at the very least, undermine any attempt by ParkingEye to present themselves as acting in the landowner’s best interests.
How I characterise their claim
They are not saying “we are legally forbidden” to cancel; they are saying “we have decided not to”, dressed up as being “unable”.
Whether they can override a clear instruction from the landowner depends entirely on the private contract between them – which you don’t see.
What you can say, safely, is that it is commercially and ethically dubious for an operator to continue pursuing a motorist after the client has asked for cancellation.
Apart from that, is there a question?
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No, sorry. I meant for that to go in Private parking tickets, I must have clicked the wrong section.
Do you have the power to move it or should it be deleted & I'll start over?
No.
I suggest “Report to moderator”.
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No, sorry. I meant for that to go in Private parking tickets, I must have clicked the wrong section.
Do you have the power to move it or should it be deleted & I'll start over?
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Do you actually have a question?
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