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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have received a PCN from a parking company

Resolved Question:

Hi
I have received a PCN from a parking company for failure to display a valid parking ticket.
When I parked my car i placed the required amount of money into the one and only ticket machine but the machine was not working. I therefore placed a note in the windscreen along with the correct amount of money to show my intention to pay for my time parked there. I have since offered to pay the amount of £2.20 (the correct fee) but the parking company are having none of it. They insist that as the sign states that failure to display a valid ticket will render a person agreeing to pay £60 or £100 for upto a 24hr stay.
My argument is that the rule on the sign is sureley based on the premise that a car owner is physically able to obtain a ticket from the machine provided but chooses not to.
I really do not want to bow to this company as I feel that as the machine was not working and they are still issuing PCNs it is a case of predatory tactics to obtain charges.
Also the owners of the land do not have planning permission for change of use of the land to a car park, nor for the installation of the ticket machine / signs (it is situated in a conservation area), nor for surfacing the land with a non permeable material.
As I intended to and tried to pay on the day parked but couldnt due to theire faulty machine and have since on a number of occasions offererd to send them the £2.20 do I have any chance whatsover if the case goes to court?.
Thank you
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.

Please be rest assured that you are not liable to pay any charge and certainly don't send them anything other than the £2.20!. Although these private Companies threaten debt collection and Court action, they are never successful in any such proceedings provided the other party defends matters and nor are they legally entitled to demand any payment from you even if you have contravened the parking regulations.

From what you say, you have not even contravened the parking regulations in the car park, and you therefore need to write to them to appeal the fine, setting out the nature of your visit and the non working of the machine.

All private car park charges are based on Contract law- for a penalty to become payable, there has to be a contract between the parties and it will be impossible for them to show such a Contract existed.

I attach a link to the Money Saving Expert website, which has plenty of information on how to appeal.

http://www.moneysavingexpert.com/reclaim/parking-ticket-appeals

I hope this assists and sets out the basic legal position.

These Companies rely on the public to pay their fines, and sadly the majority of people do end up paying the fine out of ignorance of the law.

God Luck and please could you rate my Answer.

Thanks

Al

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