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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69256
Experience:  Over 5 years in practice
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I parked my vehicle in a pay and display car park. I prepaid

Customer Question

I parked my vehicle in a pay and display car park. I prepaid the correct charges using my credit card and was given two tickets from the dispensing unit. ( 1 pay and display and 1 receipt) I displaced both tickets on my dashboard in clear view prior to leaning my vehicle. On my return I had a parking notice fine stating a £50 fine due to failure to pay and display
I checked my tickets that I had displayed prior to leaving my vehicle and one had fallen onto the center console in my vehicle, I can only presume the ticket had been blown off my dashboard due to back draft when closing my vehicle door or wind through my vehicle vents. I have appeal the charges and lost. Please can you advice if this is a fair decision due to the following fact.
I have clear proof of payment my way of pay and display tickets and receipt and also credit card statements.
I displayed my ticket clearly prior to leaving my vehicle ( and have witnesses)
I could not foresee or have any control in the way my ticket was blown out of view.

Please could you advice
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Who is the issuer please?
Customer: replied 2 years ago.


Customer: replied 2 years ago.


Expert:  Jo C. replied 2 years ago.
I am sorry I am having problems seeing your reply. Please allow me some time to get to a fixed signal.

Thank you for your patience, there is no need for you to respond.
Customer: replied 2 years ago.

im a little disapointed i have had no response if you are unable to help me then I would like a refund

Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you keep positing before I have responded which pushes the question to the back of my list.

Whats the full name of PPS?
Customer: replied 2 years ago.

premier parking solutions Newton Abbot TQ12 9FX

Expert:  Jo C. replied 2 years ago.

Whats the date of the offence?
Customer: replied 2 years ago.


Expert:  Jo C. replied 2 years ago.
This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.
A private land firm is not an emanation of the state. It does not have the right to punish you for the manner of your parking any more than your neighbours do.
This is essentially an invoice arising from a civil dispute. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract.
Private land fines used to be very easy to escape by refusing the details of the driver. They only have a contract with the driver. Unfortunately the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable for the penalty if he does not disclose the details of the driver within 28 days.
All that means is that the claim runs against the registered keeper. It just makes it easier to find the person against whom there should be enforcement.
The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.
If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that. They have no claim for that.
Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.
Also, they will have to prove that they have suffered loss. They may be able to claim a very small amount in administration costs but it is going to be the sum they are trying to claim from you. Their loss would seem to amount to no more than about £5.
They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.
Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer £5 for their loss.
Hope this helps. Please let me know if you need more information.

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