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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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Received a parking charge notice from Parking Eye. I overstayed

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Received a parking charge notice from Parking Eye. I overstayed time period by 47 minutes. I sent proof that I was a patron at the pub on site (as instructed by the pub manager) to Parking Eye to appeal this. They have stated I need to prove I was a patron at another place on site? Is there anything I can do to avoid paying the £100 fine. I feel this is unfair as I forgot to ask the pub to remove my number plate from there system so I didnt receive parking fine.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

How can I help with this please?
Customer: replied 2 years ago.

i would like to know how and if i can appeal this as i feel it is unfair

Expert:  Jo C. replied 2 years ago.
What was the date of issue?
Customer: replied 2 years ago.

date of event was 25/3


date of issue was 29/3

Expert:  Jo C. replied 2 years ago.
Thanks.

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 arising from an alleged agreement whereby you agree to park for a fee. 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. That is what is in dispute.

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.

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.

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 a small amount for their loss.

Hope this helps. Please let me know if you need more information.

Customer: replied 2 years ago.

thanks for your reply.


 


It's basically one car park with a holiday inn and a pub onsite. There is only one entrance and one exit. I contacted the manager of the pub who said they only own some of the car park spaces but if i send my bank statement to Parking Eye appeals department then they should wipe off the fine. I have done this but Parking Eye say I need to provide evidence i was a customer at Holiday Inn. I presume this is because they own the spaces. The signs at the pub state if you are going to go over four hours in the car park tell them and they will remover car reg number. Does this change anything?

Expert:  Jo C. replied 2 years ago.
No, that wouldn't change your position significantly.
Customer: replied 2 years ago.

So when I entered the car park, did I legally enter in to a contract?

Expert:  Jo C. replied 2 years ago.
Well, its not the act of entering the car park but the fact of parking. But yes, they could argue that parking at a location amounts to acceptance of a contract
Jo C., Barrister
Category: Law
Satisfied Customers: 69779
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

ok thanks,


 


Have you got any advice on the best route to take next?

Expert:  Jo C. replied 2 years ago.
It depends on how much risk you want to take.

If you ignore then they will keep writing to you. If you are prepared to weather the storm then the chances are they would give in ultimately.

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