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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10352
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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i have recived today 8/11/14 a parking fine for macdonlds gatwick,from

Resolved Question:

i have recived today 8/11/14 a parking fine for macdonlds gatwick,from met parking for £50 or £100 after 28 days,i had a meal and was there accorrding to there records for 139 mints,im not disputing the time i was there.but can they do this?where do i stand?what if any thing can i do not to pay the fine.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Have you spoken to Met parking directly, or just McDonalds? If you have spoken directly with Met Parking, have you admitted that you were the river of the car?

I look forward to hearing from you.

AL

Customer: replied 2 years ago.

no just to mcad

Expert:  Aston Lawyer replied 2 years ago.

Great.

Thanks. I would not recommend you contact them. Providing you have not admitted to being the driver to Met Paring you can safely ignore the ticket and any request to name the driver regardless of whether you were the driver or not. They need to be able to prove who the driver was at the time of the incident. You can if you prefer revert back to them and advise that you were not driving the vehicle at the time if you weren't and advise that you will not enter into any further correspondence with them.

Parking fines in private car parks are based on contract and there is no requirement in law for you as a driver to disclose the identity of the driver. Without this admission the parking company cannot take any further action as they need to have somebody to actually sue - namely the driver for breach of contract.

if you refuse to identify the driver, that's where the matter ends notwithstanding that they will no doubt send you a number of increasingly threatening reminders including potentially empty threats that they will obtain a Norwich Pharmacal Order which seems to be a new favourite of theirs or a threat that they will obtain an order for disclosure which the court is very unlikely to grant as it is a small claims court action and courts are not ready to grant such orders in such matters as a rule. Eventually though they will give up as they know the above just as well as you now do.

The position is different with Council issued and police issued parking fines which can be enforced through the courts but unless you identify the driver for a parking fine issued in a private car park, then in practical terms, the ticket is unenforceable.

If it helps,, there is also plenty of private parking fine discussions on moneysaving expert website- I personally have had a couple of private parking fines and got off them both!


I hope the above is of assistance.If you have any further questions, please reply back to me though.

Kind Regards

AL

Customer: replied 2 years ago.

so they couldnt persue me as im the only driver and regersted keeper of the mini bus which is regestered with my local council as a private hire vehicle

Expert:  Aston Lawyer replied 2 years ago.

Hi,

To enable them to take Court action, which is the only way they can force you to pay, they will need to know who was driving the car. If you don't disclose this, they can't pursue it, full stop.

It doesn't matter that you are the only driver/registered keeper. They need you to confirm to them that you were the driver.As long as you don't tell them you were driving, they can't prove who was driving on the day in question!!

I hope this helps.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10352
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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