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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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Hi, I recently accumulated numerous parking tickets for

Customer Question

Hi,
I recently accumulated numerous parking tickets for a Private Car Park (NCP). A friend advised make that they generally do not take you to court so do not worry and not to pay and ignore letters from the debt collector which in this case is Newlyn.
Newlyn recently contacted me by phone and advised me that NCP were going to take legal action for the 9 tickets @ £129.00. Total amount now due is £1161.00
I was advised by my friend that companies generally do not take you to court as it is not worth their time and can only claim for the cost of the parking which is £7.20.
IS this the case?
I would rather not pay the parking fines or Newlyn. However, at the same time I do not want to receive a CCJ against my name.
What would you recommend I do?
*****@******.***
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.
Do they currently have a CCJ against you please?
Customer: replied 3 years ago.

No currently they do not have a CCJ against me but have advised me they will start proceedings soon but I am sceptical at this stage

Expert:  Jo C. replied 3 years ago.
Thanks.
Is this 9 separate PCNs?
You don't dispute that ?
Customer: replied 3 years ago.

Yes it is 9 seperate PCN's and have not disputed them previously.

Expert:  Jo C. replied 3 years ago.
Your friend is partially right.
They do not generally bother to sue. The reason for that though is that most people only accrue one fine. For one fine its not worth the manpower. For nine it might be. Therefore there is a risk of being sued.
In terms of the amount of the claim, your friend is wrong. To claim in breach of contract you have to show one of two things. The first is that you have suffered loss. That is what your friend is thinking. He is trying to suggest that you put the company to proof over the sum of their loss. I have to say that Im afraid I think they have a claim for more than the sum of the parking. They are entitled to admin costs apart from anything else. However, they can also try to argue that the sum of the fine was agreed under the contract. It depends what the signs at the location say. If they say that parking at X location will incur a fine of Y amount then that would apply. You could still argue its void under UCTA but nobody has succeeded on that point yet although, of course, not many of these go to court.
Can I clarify anything for you?
Jo