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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
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: 2 years ago.
Category: Law
Expert:  Ash replied 2 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?

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?

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!

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

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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