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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Hi, I parked at Gretna services on 25th February around 8.00

Customer Question

Hi, I parked at Gretna services on 25th February around 8.00 am. and returned there around 5.30 p.m. on my way home. In total I was at the service for about 45 minutes over 2 seperate visits but I have received a £100 fine for parking there for 91/2 hours. I have appealed this and explained that this is there error and that I was in Paisley at 10.45 and the Falkirk at 2.00 and even that I was walked to my car by the 10.45 appointment who will confirm this but they (PARKING EYE) say there is no evidence to support my claim and the £100 fine still stands. they have given me 14 days to provide further evidence. I have forwarde them emails from my 2 customers saying they saw my car, but neither would be able to confirm the make or reg, just that it was small and blue so I am worried Parking Eye will be difficult!

Regards

Rob Marchini
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi

How can I help with this?
Customer: replied 3 years ago.

FOR JOMO1972


 


Hi


 


At this stage I just need to know where I stand. Their cameras obviously picked up me arriving in the morning but not leaving, and then leaving in the afternonn but not arriving. If they don't accept my explanation and "evidence" from my customers then they will demand the £100 and when I dont pay pass on to debt collectors. At this stage what do I do? I don't want a CCJ levelled against me, I won't pay the £100.....what action are they likely to take and what should I be doing?

Expert:  Jo C. replied 3 years ago.
Did you pay for the parking?

Or exceed the hours allowed?
Customer: replied 3 years ago.

FOR JOMO1972


 


Neither...IThe service station has 2 hours free parking. I arrived at about 8.00 a.m and left at about 8.30 a.m. I then drove to my appointments in Paisley and Falkirk and just coincidentally stopped off at the same services at around 5.30 p.m. for a toliet stop. So in total I was parked for only 45 minutes, but over two visits. They are saying I arrived at 8.00 a.m. and stayed ther until 5.30

Expert:  Jo C. replied 3 years ago.
Do you have proof of where you were in some form?
Customer: replied 3 years ago.


FOR JOMO1972 My meeting in Paisley was with a customer. My car is a gold Jaguar, but I was in my wife's Hyndai i20 (the car that has received the fine). My customer walked me to the car at around 12.30 to drop off my bag and we were having lunch. The Hyndai stood out amongst all the Jags/BMWs/Mercs etc and I joked about times being tough. He will certainly confirm i was in a Blue Huyndai i20 and taht I told him it was my wife's (obviously he wont beable to recall the reg'n number). I have told Parking Eye this.

Expert:  Jo C. replied 3 years ago.
Is your wife the registered keeper ?

If so, has she named you as the driver?
Customer: replied 3 years ago.


Yes she is the registered keeper and and yes she has named me as the driver.

Expert:  Jo C. replied 3 years ago.
The truth is that there is a risk that they could sue.

This is a private land fine. They used to be unenforceable because they run against the driver not the registered keeper until October 2012 when the Government made the registered keeper liable unless he named the driver. This is particularly relevant to your circumstances except in that they are more aggressive now because the law has recently changed in their favour.

Overall though, this comes down to a simple factual denial. Their records show you entering at X time and leaving at another and you say that you did not leave at those times.

In relation to sending them more evidence, I wouldn't worry about that. Even if you produce the Gospel Angels as your witnesses Parking Eye will still not accept their records are wrong. The issue is whether or not you can produce enough evidence to convince a court that you did not offend if required.

That said, if you have people who are willing to attend court and will confirm you were driving this vehicle and it was elsewhere then that probably would be enough to satisfy a court on the civil burden of your argument. Do note though, they will have to come to court and give evidence if it goes that far and they will obviously have to be reasonably credible.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

FOR JOMO1972


 


Hi


 


I do not deny entering at the time they said nor do i deny leaving at the time they said, so yes I did enter at 8.00 and I did leave 5.30. However I left at 8.30 and re entered at 5.00 (all timings approximate). Therefore if they are using a camera/registration recognition system they MUST be able to see that I left at around 8.30 and re-entered at 5.00, but what you are saying is that they won't really care because the onus is on me to prove it, not on them to check and rectify their error. is that basically the sum of it?

Expert:  Jo C. replied 3 years ago.
No, they just need to produce evidence to the court to the effect that you entered at X time and left at Y.

That gives rise to the inference that you were there throughout.

If you say that you were not then its for you to produce some evidence of that.
Customer: replied 3 years ago.

Thanks for all your help. Just one last question: when you say court would that be magistrates or small claims court?

Expert:  Jo C. replied 3 years ago.
Small claims.

This isn't a criminal matter.

There's still a 50% chance they won't sue anyway.

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