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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

WattsPlease note the following email chain. It

Resolved Question:

For Alex Watts
Please note the following email chain. It is clear the parking company is raising the pressure. Advice please?!
Thank you for your response. You will note my comments made earlier. They stand. I will not be paying this charge. I had paid a parking fee and it was current at the time of the photographs you had taken below. You have no legal right to attempt to impose the fine.
Regarding the photos you will also clearly note the hatched yellow lines are to the left of the vehicle. I made a reasonable and successful attempt to avoid this area as it is clearly an area not for parking.
I look forward to hearing your response.
Kind regards
D R Ockleton
From: Enquiries
Date: Saturday, 21 February 2015 10:30
To: ***** *****
Subject: RE:(###) ###-####
Thank you for youremail regarding the above Penalty Charge Notice (PCN).
I will offer the following comments as to why this PCN was correctly issued and is still payable.My findingsThe site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued.
As you are aware the vehicle was parked outside of a marked bay.
You will find enclosed a photographic example of the type of signage erected by our client.
Signage
The signage on site is sufficient and is in line with the guidelines laid down by the British Parking Association (BPA).
The majority of motorists who park at the site do so without receiving a PCN. This is undoubtedly due to the fact that they are aware of the terms and conditions of the site and park in conformity with them. If as you claim the signage was inadequate, the terms and conditions of the site would be unknown to the majority of drivers, and many more motorists would receive PCNs on this site.
What you need to do now
Please pay £120.00 by 5th March 2015. Payment can be made online or by phone. Go to www.parkingcsl.co.uk or phone 0844(###) ###-#### ***** can find full details of how to pay on the reverse of the letter(s) sent.
What will happen if you do not pay what you owe
If the amount is not paid by the date shown above, we will recommend that court action be taken to recover the outstanding balance.
What if you do not agree
Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply to it.
More information
· This Penalty Charge Notice was issued under section 219 of the Transport Act 2000, Railway Byelaws section 14.
· If you are not satisfied with the outcome of the appeals process you can write directly to South West Trains using the address below.
Customer Relations
South West Trains
Overline House
Southampton
SO15 1GW
*****@******.***
cid:*****@******.***:*****@******.***
Kind Regards
Sarah Zurek
Collections Manager
Parking Collection Services
P.O. Box 411
Dukinfield
SK14 9DD
www.parkingcsl.co.uk
T: 0844(###) ###-####
cid:*****@******.***
cid:*****@******.*** http://www.senatorsecurity.co.uk/wp-content/uploads/2010/05/BPA_AOS-Logo-150x150.jpg http://www.maydor.co.uk/product_images/uploaded_images/fsb-logo.gif
This email contains information from Parking Collection Services, which may be privileged and/or confidential.
It is intended solely for the use of the individual or entity to whom it is addressed. The unauthorised use, disclosure or copying of
this email, or any information it contains is prohibited and could in certain circumstances be a criminal offence.
If you are not the intended recipient, please notify the sender immediately and delete the message from your system.
Parking Collection Services monitor emails and attachments to minimise the risk of viruses. Whilst Parking Collection Services have taken
reasonable steps to scan this email, it does not accept liability for any damage sustained. We advise you, as the recipient, to run
your own virus check before opening any attachments.
Parking Collection Services is a trading name of Debt Recovery Plus Ltd.
Registered in England and Wales.
Registered office: 78, York Street, London, W1H 1DP.
Company Registration No.(###) ###-#### ***** Registration No. *********
From: David Ockleton [mailto:*****@******.***]
Sent: 26 January 2015 20:27
To: Enquiries
Subject: Re:(###) ###-####
I am out of country for the next two weeks from tomorrow. I would rather continue by email, to ensure a written record of communication thank you.
Regards *****
From: Enquiries
Date: Monday, 26 January 2015 17:01
To: ***** *****
Subject: RE:(###) ###-####
Thank you for your email.
Please can you provide a telephone number so a member of our team can assist you?
Kind Regards
Sarah Zurek
Collectio
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello and thanks for requesting me.
Alex Watts : What is it you would like to know about this please.
Alex Watts :

This is a private parking fine and can't be enforced.

Alex Watts :

There is no contract, you have not agreed to the terms and they have suffered no loss

Alex Watts :

If it went to Court then they would get back £5 or so at the very most, which is actual loss

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks Alex, my concern is the evident raising of the pressure by the company. I also have a written demand now which follows the same tone. Are you certain they have no legal grounds for enforcing this fine?

Alex Watts :

Yes of course. The only cause of action they have against you is in contract

Alex Watts :

There are elements they must satisfy.

Alex Watts :

There was an intention to create legal relations, there was an offer, there was acceptance, there was a breach and they suffered a loss

Alex Watts :

They must prove ALL of this. If one element fails then rtheir claim fails.

Alex Watts :

Even if you did lose they can only claim their actual loss not the highly inflated £120

Alex Watts :

Does this clarify?

Customer:

Thank you

Ash and other Law Specialists are ready to help you

Related Law Questions