I'd really appreciate some advice on my situation:
I parked in a shopping centre car park in Scotland a few months ago and overstayed my time by 6 hours. Stupid, I know, but I genuinely didn't realise there was a time limit. I park there quite a lot for shorter times, and I just never thought to check the parking info signs.
It was a free car park, and I have been back to check since and there are indeed signs at the entrance, and in the car park saying there is a time limit. I did leave the shopping centre for much of the time, going elsewhere to meet friends, but I did make a small purchase there too. It was just cheap, but technically I did spend money there, I just can't find the receipt.
I got a letter a few days later with a picture of my car coming and leaving. I've had a few letters since, and had been happy to ignore, as that seemed to be the advice generally given on most websites.
I've just been told about this site and have had a look at the chain letters I can expect. I thought I might have seen the last of it, but it looks like the next one may well be from the courts, which I wasn't expecting.
My worry is that, generally on these forums people have only overstayed by short amounts, will it be worse for me that I overstayed by so much?
It was a free car park though, so it isn't like the parking company actually lost out on any money. I have been trying to look this up in legal terms, and for breach of contract, one of the remedies that might apply looks to be liquidated damages, where companies try to recover a sum that was agreed upon for a breach when making the contract. I think by me parking there it will be claimed that I accepted the contract.
BUT, as in the case of Dunlop Pneumatic Tyres Ltd v New garage and Motor Co. (1915) they "set down guidelines to distinguish between liquidated damages and penalties. The court was of the view that the sum will be a penalty where: it is extravagant and unconscionable;"
and apparently penalties aren't inforced by the court, so I might be able to argue myself out of that? Has anyone tried that before?
Also, over £100 is def. extravagant for a car park that is normally free.
To be honest, if they'd just asked for £10, I'm pretty sure most people would just pay it, but asking for so much seems far too unreasonable!!
I thought of contacting the shopping centre, but not sure how I would defend being there so long without having to admit leaving the centre, they probably wouldn't like that too much.
Also, the parking company is based in England, but I'm in Scotland, would I have to go there to defend my case, if it came to it, or do I just put it writing? There aren't any county court judgements in Scotland, so if I was to loose, does anyone know what I could expect to happen? Would I be best just to pay up?
I've never been in this situation before, so am a bit nervous of what to expect, so any advise would be hugely appreciated.