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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've had a car park fine

Resolved Question:

I've had a car park fine from C P car parking who are in charge of car parks at Shropshire Hospitals where I work, I hold a staff car park pass which I pay for.
On the day in question 15.1.2015 I had not been able to park on staff areas so had to park in the public area, my pass was on the back of my sun visor, I may have left that up I just can't remember.....3 months ago now? But it would still have been visible from the outside of the car.
When I returned to my car that day there was a tatty old plastic envelope used for these notifications, it was empty, I thought it was a joke by one of my mates!
Now they want £80 ......£40 for the parking fine for exceeding the free stay period and £40 for having to get my details from DVLA.........even though they will have my details from the pass I currently hold.
Any advice would be ver helpful, as I don't see that I have done anything wrong really......£80 is 10 hrs wages for me.
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 :

How much would it cost to be in the public car park please?

Customer: Hi, first half hour is free, then it is about £2 for the day.
Alex Watts :

I would not worry and would not respond. This is a civil matter, they have no legal right to enforce it on you. If this was a Council car park it would be a different matter

Alex Watts :

They need to show the following:

Alex Watts :

1) There is a contract between you two

Alex Watts :

2) You agreed to their conditions

Alex Watts :

3) You breached any agreement

Alex Watts :

4) They suffered a loss

Alex Watts :

Its a private fine and not enforceable. If it went to Court it would be a small claim where legal costs cant be recovered.

Alex Watts :

In any event if they have lost £2 all they can claim for is that. Nothing more

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Oh good I am a happy boy, thanks for that. The last part of the letter they sent threatens that non payment will result in them putting the matter in the hands of a debt collection firm, can they do this ir it it just empty threats?
Alex Watts :

Empty threats - same above applies!

Alex Watts :

Does that help?

Customer: They say under terms of the Pofa 2012 schedule 4 , I am liable for car parking charge.....
Alex Watts :

Does not matter.

Alex Watts :

There is no contract.

Alex Watts :

They only have at most a £2 loss

Alex Watts :

Does that clarify?

Customer: Ok many thanks
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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