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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience:  Over 5 years in practice
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Hi, I had a fixed charge notice from an independent parking

Resolved Question:

Hi,
I had a fixed charge notice from an independent parking management company. When I appealed against it, ( I thought I was in a free Waitrose carpark), they denied it and charged me double. My fine was now £80, for 25 mins parking.
I paid the fine in fear that it would go up further, then applied for an independent appeal online as suggested in the letter they sent.
Today I received an email stating that my appeal had been successful.
When I contacted the Coast2Coast parking management, the manager said I could not have my refund.
My confusion is if I have had a successful appeal, why is the parking company allowed to keep my money?
Yours
Alison Rayner
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 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 2 years ago.
Coast2Coast parking management
Expert:  Jo C. replied 2 years ago.
It is a shame you paid. You would have walked away with nothing. These fines are not enforceable.
Are you prepared to sue?
Customer: replied 2 years ago.

How much does that cost???

the fine was £80!

Expert:  Jo C. replied 2 years ago.
It is a small claims court sum so about £35.
The risk is that they will defend it and probably try to claim costs which they will not get but will be intimidating. That is why they do it.
If you sue them then you have to show they have no basis to keep the funds. It would have been better if you hadn't paid but, in principle, you are right. If your appeal is successful then the funds should be refunded.
For future reference though,
1 Never pay any fine if you intend to appeal it.
2 Private land fines are very rarely enforceable and the appeal system is usually worthless.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
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