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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70518
Experience:  Over 5 years in practice
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Hello, i have been recieving letters from a company about an

Customer Question

Hello, i have been recieving letters from a company about an over stay of time in an out of town shopping centre,the first letter had a view of the number plate but not the driver.There are cameras and one small sign only at the entrance which are hard to read because of the traffic going in.I am the owner of the vshicle but not the driver,they are coming after me, do i have any legal obligation to disclose who ths driver was or is it upto them to prove it,it is a private company not the council or police chasing me.
Thanks
Steve Windsor
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.

Were you the driver?
Customer: replied 3 years ago.

no was not drive a company car

Expert:  Jo C. replied 3 years ago.
Thanks.

What was the date of issue please?
Customer: replied 3 years ago.

the original letter arrived back in Feb this year

Expert:  Jo C. replied 3 years ago.
Thanks.

This is a private land fine. Under the new Protection of Freedoms Act 2012 you are liable as the registered keeper unless you disclose the identity of the driver within 28 days of the issue of the original PCN. Unfortunately you did not so identifying the driver now will not necessarily throw them off your scent I'm afraid.

That is not to say that you should necessarily pay though but just that its you that they will pursue.

You still have all of the usual challenges to private land fining.

Can i clarify anything for you?

Jo
Customer: replied 3 years ago.

do I legally need to identify the driver?what are the challenges to private land fines please?

Expert:  Jo C. replied 3 years ago.
No, but if you don't within 28 days then they will pursue you as the registered keeper.

Why didn't your driver notice the signs ?

What is his account for this?
Customer: replied 3 years ago.

the sign was rather small,it now stands at 140 pounds

Expert:  Jo C. replied 3 years ago.
They will only get the sum of the original fine plus £35 in costs and maybe fixed solicitors costs of £50 even if they do go to court. They won't get away with adding their debt collection costs.

if they do go to court then you could always ask them to prove that their signs were adequate.

Also, depending on what the signs say, you can ask them to prove the sum of their loss. Its quite unlikely they would sue anyway as its just plain not cost effective to do that for one ticket. What they will do is just send you threatening correspondence.

I'm happy to continue with this but please leave feedback for my answer.
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/