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Jo C.
Jo C., Barrister
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Six months ago my wife overstayed in a retail park in Dundee-

Resolved Question:

Six months ago my wife overstayed in a retail park in Dundee- perhaps half hour or so and parking charge of £100 levied. No appeal made as we were led to believe little chance of success given UK PARKING CONTROL history
All threats ignored to date but now TLT Ltd have written threateningSherrif Court Decree

Is the (now £160 charge ) defendable under contract/property law unfairness of estimated loss to owner of the land?

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

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

If you are in Scotland then the Protection of Freedoms Act does not apply. That will only mean that there is no presumption that the registered keeper is liable if he doesn't name the driver within 28 days which doesn't mean all that much in England and Wales anyway.

On your substantive point though, its never been right to say that private land fines are not enforceable. They do have a breach of contract or a trespass claim. In fairness, if somebody parked on your driveway and refused to move you would expect, and you would have, legal protection.

The difficulty that private land fines do have though is that their claims are very hard to enforce. In Scotland they still have to prove who was driving. They also have to show that the sum of the fines amounts to their loss and usually it plainly does not. They do have to show that any prohibition was properly signed.

All you have received is the standard debt collectors threats of action though. The chances are still high they will not sue. If they do then you can defend it.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
For my modest £33 may i ask if a Ltd Co viz TLT Ltd of Glasgow are likely to be a bone fide law practice Surely "Lmited" is unusual ?GenekEdit should I respond or ignore
Expert:  Jo C. replied 3 years ago.
If you mean this firm

http://www.tltsolicitors.com/

Then they probably are legitimate. Its not likely they are using a firm that is not bona fide.

Whether they intend to sue is another matter. Solicitors send lots of letters without having any instructions to sue.
Customer: replied 3 years ago.
Jo

My edit asked if I should respond or wait for any summons/citation ?
Expert:  Jo C. replied 3 years ago.

It depends on your appetite for risk.

Personally I would just ignore them but then I am not concerned about being sued.

The only safe method to put this to bed is to pay them off in full and you are probably not happy to do that.

There's no real purpose served in contacting them though except possibly to cause irritation and waste their resources. However brilliantly you argue with them, they will never agree with you.
Customer: replied 3 years ago.
Thank you Jo I will take my chance at the Sherrif Court if it comes to that

Good night
Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience: Over 5 years in practice
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