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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have received a FINAL NOTICE parking charge for £100 with

Resolved Question:

I have received a FINAL NOTICE parking charge for £100 with CCTV proof that I did indeed overstay by 10 minutes. I have no mitigating circumstances and the car park signage was clear. I have read a lot of internet forums encouraging people to ignore these fines or to reject the private company's authority or right to apply a fine.

But I would like to know exactly where I stand legally, and what my best option is.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name is ***** ***** can assist.

tdlawyer :

Is this a private parking charge, for being on private car park?

Customer:

yes - company name - G24, it was a Homebase car park

tdlawyer :

Okay. What did the sign actually say though please, do you have it with you?

Customer:

I can give you that info in an hour, can we put this on hold until then?

tdlawyer :

Yes, sure.

Customer:

Easier if I just attach the photograph:

G24 Parking Signage
Full Size Image

tdlawyer :

OKay. The wording of these things can be pretty important you see.

tdlawyer :

This one tends to suggest you're agreeing to pay a fee, in which case, it would be okay and would be enforceable.

tdlawyer :

It for example, it was a clear case of "If you're here longer than 30 minutes, you're in breach of agreement and you must pay a penalty of ..." then it would be different.

tdlawyer :

Basically, the law says that damages for breach of contract must be a genuine pre-estimate of the loss to the landowner. In a lot of these cases, they are not, and that's why they become unenforceable.

tdlawyer :

Yours is worded differently, saying you can stay there, but you pay an agreed fee.

tdlawyer :

It's likely to be enforceable in my view.

Customer:

So by staying there, does that mean that I automatically agree to the possible fine - without having signed a contract? Is it completely water tight?

tdlawyer :

Nothing is ever completely watertight and a lot of the times, if you contest things with these companies, they wont pursue. But with that comes a lot of hassle etc.

tdlawyer :

A written agreement is not required.

Customer:

ok - its bad news, but I appreciate your help

tdlawyer :

Sorry about that!

tdlawyer :

Can I ask whether you're happy with the service please (as opposed to the answer)?

Customer:

yep, sad about answer, happy with service

tdlawyer :

Thank you!

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