How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

We have just had a ruling in our favour by POPLA against a

Resolved Question:

We have just had a ruling in our favour by POPLA against a parking fine from APCOA. This was good news for us but I do feel justice needs to be done with some penalty awarded against APCOA. Whilst not normally inclined to take action the seemingly trivial parking fine( now withdrawn) ruined a very special day for us . In summary, we had booked train tickets month in advance to visit The a Tower of London poppies for an act of remembrance. Returning from the train to find a ticket on the car caused undue stress, argument and ruined our day. Can I sue for damages?
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.
What financial loss have you suffered?
Customer: replied 2 years ago.
None other than ¬£18 for your advice ūüėÄ
Expert:  Jo C. replied 2 years ago.
That is a problem I am afraid.
The first problem is this. If they have withdrawn then you haven't got judgment in your favour. I realise that they might have agreed to pay your costs but that is not the same thing as the Judge saying that their claim has no merit upon the facts.
In fairness, private land fine companies do have a claim. They always did. Sometimes their letters do make unrealistic threats and the claims are very hard to enforce and not really cost effective for them but they always had a claim.
In any event though, stress and inconvenience are not heads of compensation in the UK. All actions cause inconvenience to defend. That does not give rise to a claim I am afraid. Even if you could get over that hurdle, you have suffered no financial loss for which to claim.
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Apologies I misinformed you the actual ruling is given below( key points):
"The Operator has not produced any evidence to demonstrate that it is the land-owner; or, that it has the authority of the land-owner to issue parking charge notices at this site. Once the issue is raised by an Appellant, it is for the Operator to demonstrate that it has authority, and a mere statement to the effect that it has a contract will not be sufficient.Consequently, I must find that the Operator has failed to produce sufficient evidence to refute the Appellant’s submission that it did not have authority to issue a parking charge notice."
It is a shame that justice only seems to provide compensation for direct financial loss and not upset/ stress. Perhaps I should state my loss in line with my hourly rate of £103 per hour; I must have spent 3-4 hours time in researching who owned the land ( not APCOA ) and submitting evidence etc. in fact I just want to send a message and to challenge the thuggish behaviour of APCOA, any compensation would be donated to charity. Perhaps I am on a mission but the question I ask is how many people pay these £100 "fines" to the likes of APCOA .
Thanks for your help but in reality I am perhaps confusing the law with justice!
Expert:  Jo C. replied 2 years ago.
In that case, they just failed to prepare their case properly. It is typical of them that they forgot to prove that they had authority.
In any event though, it still amounts to a case that you successfully defended for which you cannot seek compensation I'm afraid.
Customer: replied 2 years ago.
Understood but a point of detail they did not have authority as my car was parked on land not owned or under control of APCOA. My point is, I have defended a case the bought against me, do I have grounds for a claim of harassment ( or similar) against them.
Expert:  Jo C. replied 2 years ago.
No. I am sorry.
It is just a misconceived claim. They happen all the time.
Jo C. and other Law Specialists are ready to help you