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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25502
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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PARKING TIME 08.38.41 TO 09.24.24 HOW CAN I EXCEEDED MY TIME

Resolved Question:

PARKING TIME 08.38.41 TO 09.24.24 HOW CAN I EXCEEDED MY TIME PARKING
@£1.00 PER HOUR
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

From what you say you presumably contest that you overstayed. Is that correct please?

Customer:

yes

Josh-2010 :

Thanks. Am I correct in thinking that you bought a ticket and displayed it?

Customer:

yes

Josh-2010 :

Thanks.

Josh-2010 :

Finally is this a private car park as opposed to a council fine you have received?

Customer:

not sure shopping centre

Josh-2010 :

Thanks/

Josh-2010 :

Private tickets used to be unenforceable if the registered keeper refused to identify the driver but that changed last year when the Protection of Freedoms Act outlawed clamping and provided enhanced measures for parking companies to enforce private tickets. The PoFA provides that if a registered keeper refuses to identify the driver within 28 days then the registered keeper is liable for the demand.

Josh-2010 :

However the Act has not authorised private parking firms to issue fines. These demands are still nothing better than invoices demanding payment for breach of contract - the contract is formed by the use of signs warning to display tickets/permits or risk a ticket (invoice) at the advertised rate.

Josh-2010 :

Being a contract the ordinary rules of contract apply whereby they must prove that they displayed adequate signage to enable a driver parking there to know of the requirements; evidence of loss on their part as a result of the breach of contract and evidence that they have attempted to mitigate their loss.

Josh-2010 :

based on what you say you displayed a valid ticket and accordingly there is no breach of contract. You may wish to write to them advising this is the case and accordingly that you deny any liability to them whatsoever.

Josh-2010 :

If they wish to pursue you they will need to issue proceedings against you in the County Court which you will defend.

Josh-2010 :

Is there anything above I can clarify for you?

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