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It is true that they could only sue for loss of earnings were they to rely on the law of trespass but in most cases these companies will attempt to rely on a contract being established by parking on the site and the breach of that contract (by overstaying) meaning the breach of that contract which incurs a fee.
The "contract" has to be advised by signs which are unmissable, there must be shown to a breach and the person who they claim is in breach must be the driver not the owner. The owner is under no obligation to discuss who was driving and should not do so.
However it is true that in a practical sense the penalty is almost unenforceable and these cases almost never get to court.
The first rule is not to "appeal" and to grit your teeth.
Many people are distracted by the endless letters demanding money and threats of "imminent court action" but bear in mind that a stamp comes cheap.
You must be prepared to be resolute and under no circumstances respond to *any* correspondence unless it is a writ - not just the threat of one but in handling thousands of these impending "actions" I have only had three go to court and these were all thrown out.
There has been one case in which a parking company succeeded in a claim but there were very special circumstances applying to the case and no precedent was set by it (despite the parking company industry making frequent claims to the contrary).
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