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We are being asked for payment after overstaying in a car park, despite being disabled - what should we do?

Re. letter 'Hello Moto' in your Telegraph column, 25 September 2010. I've had a similar experience at the Royal Hotel car park, Weston Super Mare, with Parking Eye Ltd. I've been fined £90 for overstaying 13 minutes on 17 September 2010. Following your advice I posted them a cheque for £10, final settlement, etc. The cheque has been cashed by them and they have followed it up with a demand for a complete settlement for the outstanding £80. I posted evidence of disablement and that I was visiting disabled friends at the hotel as well. We are all senior citizens, 79 and 80 years old. Desperately worried.

Asked on 2 October 2010 by AW, via email

Answered by Honest John
They have already accepted your payment. If they want to pursue you for more they will have to do so via the courts and the courts will not back them up. It isn't a "fine". They are not allowed to impose a "fine". They can impose a "penalty" for breach of contract, but only if "reasonable" and only if adequately warned of by a notice so you can read the terms of your parking contract with them.
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