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?
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!