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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I got a parking ticket at an NCP car park at a train station

Resolved Question:

I got a parking ticket at an NCP car park at a train station as i tried three times to buy the ticket using their mobile app (Ringo) whilst on the train. later that day i tried again and completed the purchase ( i have the records) during the intervening period i got a ticket.
Ive paid the fine, as the notice went to my wife, i was driving her car at the time and she has insisted i pay.
I would like to claim the money back, do i have legal grounds, i paid for parking, i was late because their app is not fit for purpose (many reviews on the app store with same story as me). Do I have a case?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Who issued the ticket?
Customer: NCP
Customer: private car park not council
Alex Watts : Ok, you don't need to worry.
Alex Watts : its a private fine and therefore not enforceable by law.
Alex Watts : they need to show there is a contract and they suffered a loss. At most it would be £5
Alex Watts : They can't justify or quantify any such loss.
Alex Watts : if it was a council fine it would be suffered as it is prescribed by law.
Alex Watts : They are not enforceable.
Alex Watts : Therefore you don't need to pay any such fine as it is no different from a fine from your neighbour.
Alex Watts : Can I clarify anything for you about this today please?
Customer: ok, whats the best way to approach them,? assume in writing? would it be appropriate to mention the fine is not enforceable under law, and that I have taken legal advice ?
Customer: is there a pro forma letter i can use as a template etc?
Alex Watts : Yes in writing. There is no pro forma letter.
Alex Watts : you just write and set out your position
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