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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have received a "PARKING CHARGE NOTICE" from ParkingEye who

Resolved Question:

I have received a "PARKING CHARGE NOTICE" from ParkingEye who act for Royal Free Hospital.
I do not deny that I was parked at the times indicated, but I assert that I was in a propoerly labelled Disabled bay, and displayed my Disabled Blue badge prominently. But the photos accompaying the notice do not clearly shew a Disabled Badge. On greatly enhancing the picture [a forlorn effort since it was so poor] I was able to idnetify a shape that would represent my Blue badge. However, of mor importance is the fact that an attendant notoced me arriving and advised me to 'register'. He therefore must have been aware of myhaving parked in a Disabled bay and of my dispaying my Blue badge.However, since there was no-one available until 08:00, I could not do register, and the one office that I knew had parking personnel in it was firmly locked and I assume unmanned! However, I have also corresponded with the PALS section of the hospital, pointing out the nonsense of parking before any staff are around and expecting someone to registe...with whom??
There is also a further point about ParkingEye's methods. I do not know how the ANPR sytem is programmed, but if it times my arrival as I enter the disable bay, it will not capture my Blue badge since that will only be placed in view after the car has stopped, and I have closed the sysems down and THEN put out my Badge before leaving the vehicle. Similarly, on departure one would put one's badge away before driving off--otherwise it slips all over the place and is a danger--so that there would still be no photo displaying my Badge!!
I intend to appeal, since I can produce my emails with the RFH Head of Secutiry & Support Services, which cover the points made above, although I had not as yet received the parking Notice when I first corresponded with the Royal Free Hospital.
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.

What would you like to know about this?
Customer: replied 2 years ago.

I am not sure what more information you need! What I need to know is how to appeal [I have already prepared a draft] and whether you feel i have a case to appeal?

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. 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.
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience: Over 5 years in practice
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