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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Received a Parking Charge Notice after using a Co-op car park

Resolved Question:

Received a Parking Charge Notice after using a Co-op car park in February. Local Authority road sign offers free parking, signs on site not designed to be read while moving offer 2 hours free parking. Only when you stop to read the signs are terms and conditions displayed (including information that this was private property) and I took the two hours from then. Location of ANPR cameras not clear but assumed to be monitoring the car park rather than retrospective timing - a guess at some earlier time - so I disputed the timing claimed (2 hrs 15 mins) as I returned to remove my car within two hours after reading the notice. Site is small with narrow entrance so no entrance signs displayed. Site also includes a recycling centre and access to Health Centre which has a separate car park.
Submitted very clear information about the site in an appeal to POPLA. Car park operator submitted misleading and dishonest evidence (including photograph of a new entrance sign which was not in place when I parked and later took photographs). Appeal rejected by POPLA so have subsequently contacted BPA and Co-op as many unsatisfactory aspects relating to operation of this car park were revealed. Both BPA and Co-op have 'fallen silent' and now I have a "Final Reminder Before Court Action" from a debt enforcement company. I would welcome the opportunity to challenge the car park operator (or the Co-op) probably with legal assistance as I believe my case is strong. The problem now seems to be the transfer of 'debt' to another party so how can the operator be cross-examined over their claim? How do I deal with this?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know how much is being claimed please?
Customer:

'Debt amount' now £170

Customer:

Debt amount £170

Alex Watts : Ok, don't worry even if they do issue it's a small claim.
Alex Watts : they would have to show there was a contract, you agreed to their terms and they suffered a loss.
Alex Watts : Bearing in mind the signage and the fact they offer free parking, I can't see that there is a contract.
Alex Watts : Therefore even if they did go to court they would only recover £5
Alex Watts : You can contest it and do not be bullied into paying bearing in mind the deficiency of their parking signs etc
Alex Watts : Can I clarify anything for you about this today please ?
Customer:

would you recommend representation by a solicitor? particularly as I would want to recover costs which they would claim if they took it to court (court costs and solicitor fee bringing potential up to £255)? except I would want to claim more to cover the bother in defending this.

Customer:

should I respond or ignore the 'Final reminder'?

Alex Watts : No you won't need it, it's a small claim
Customer:

Thanks, ***** ***** excellent particularly if it works

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