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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Parking charge notice -notice to keeper received. This notice

Resolved Question:

Parking charge notice -notice to keeper received.
This notice relates to a free supermarket car park where the car exceeded a 3 hour max waiting. £20 notice fixed to car went unpaid by driver and notice was then sent to the keeper stating £40 now payable with no discount available as initial time allowed for the driver to pay at that rate had elapsed.
Can I have the option to pay the £20 penalty or is it correct that the £40 is now payable.
(There is no mention of VAT included in any of the sums)
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Who is the issuer please?
Customer:

Britannia Parking

Alex Watts : Ok. The charges are not legally binding.
Alex Watts : You don't have to pay it as they have suffered no loss.
Alex Watts : You can write and offer the £20 in full and final settlement.
Alex Watts : But the charges by the company are not legally binding.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

You say the charges are not legally binding but when the Protection of Freedoms Act 2012 came in (October 2013) they enabled under Schedule 4 Paragraph 8 the company/owner of land an ability to make a civil claim against the driver or (where not known/declared) the registered keeper. Does this not now make it a legally binding and enforceable contract? I know prior to this date it was a different scenario....

Alex Watts : Yes civl claim. But they have to show they suffered a loss.
Alex Watts : They have no loss as they offered free parking.
Alex Watts : They have no contract with you.
Alex Watts : No contract and no loss means no claim,
Alex Watts : Does that clarify!
Customer:

Yes that helps and I'll see where that takes me!

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