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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have just been issued with a parking charges fine of £90

Resolved Question:

I have just been issued with a parking charges fine of £90 the charge date was the 29/01/2015 and the apparent offence took place two years ago!! 09/03/2013 The company have sent a photo of the vehicles registration plate. In one part of the leaflet it says private parking charge details but in the description it says stopped in a prohibited area. Can you be charged just for stopping or does it have to be parked in addition can a charge be issued nearly two years after the claimed event? Many thanks Kevan
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please clarify whether this is a Council or private fine?

Customer:

Hi Alex

Customer:

This is on private land to the side of a shopping centre.

Customer:

Hello are you still there?

Alex Watts :

I am, just looking something up

Alex Watts :

Ok, I am ready.

Alex Watts :

Schedule 4 of the Protection of Freedoms Act 2012 states they must serve (post) a notice wihin 14 days.

Alex Watts :

It says: The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

Alex Watts :

They have not.

Alex Watts :

Therefore even if you had not parked correctly its invalid.

Alex Watts :

Therefore you should write back and say it is out of time as its over 14 days.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks Alex but as I was not the driver I'm not sure if they would have issued a charge on the cars screen. Would that alter matters?

Alex Watts :

In any event its not enforceable by law. They need to show there is a contract, you agreed to their terms and that they suffered a loss

Alex Watts :

Does that help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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