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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70632
Experience:  Over 5 years in practice
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I parked on a private car park twice,6 days apart for just

Customer Question

I parked on a private car park twice,6 days apart for just 2-3 minutes to enter a local shop. I was not informed before I removed the car of my infringement but there were infringement notices and camera in force. As I was not informed until 2 weeks later, am I required to pay any or both fines ( £100 each- £60 reduced)
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Who is the issuer please?
Customer: replied 3 years ago.


Issuer is ' Parking Enforcement' at Brighton

the reason for fine was 'not parked wholly within bay'

Customer: replied 3 years ago.


Issuer is 'Parking Enforcement' at Brighton


 


The reason for fine was 'Not parked wholly within bay'

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

Is there any mention of the local council in the bulk of the fine please?
Customer: replied 3 years ago.

No, there is no mention of the local council.They obtained my details from DVLA, a bit strange!

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

This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.

A private land firm is not an emanation of the state. It does not have the right to punish you for the manner of your parking any more than your neighbours do.

This is essentially an invoice arising from a civil dispute arising from an alleged agreement whereby you agree to park for a fee. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract. That is what is in dispute.

Private land fines used to be very easy to escape by refusing the details of the driver. They only have a contract with the driver. Unfortunately the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable for the penalty if he does not disclose the details of the driver within 28 days.

All that means is that the claim runs against the registered keeper. It just makes it easier to find the person against whom there should be enforcement.

The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.

If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that.

Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.

They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.

Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer a small amount for their loss.

Hope this helps. Please let me know if you need more information.

Customer: replied 3 years ago.

Thank you for your advice, if I offered the £60 fine on the initial fine would that accept liability for both or should I just ignore both .

Expert:  Jo C. replied 3 years ago.
I think it could be used against you.

This is the type of argument that stands or falls together.

I would just ignore both.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


I have now received a final demand from this firm three months after initial parking notice. The initial fine if paid within 14 days was £60 for each notice, this has now been increased to £100 and today increased yet again to £150 making a total of £300 for both actions.


This is a ridiculous sum and they have now threatened debt collection and Solicitor action, I am continuing with your advice of ignoring all.


I would appreciate your comments.


G Horsnell.

Expert:  Jo C. replied 3 years ago.
Well, its as I've said really.

I think my original answer did make the point that they will send you some very nasty letters and you probably will get letters from a solicitor as well.

There is a risk they could sue. It is not high but it could happen. If they do they will get the sum of the fine, plus about £35 in court costs and a fixed solicitors rate of £50 maybe.
Customer: replied 3 years ago.

Thank you, I would like to keep this subject open in case something unforeseen occurs, but would like to give bonus on completion.

Expert:  Jo C. replied 3 years ago.
Yes, no problem.

Come back when you like.