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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have been sent a parking fine car in my name that was

Resolved Question:

I have been sent a parking fine for a car in my name that was been driven by my son in law .I replied as he put the fine in dispute so I also told them that this matter was ion dispute and nothing to do with me as I was out of the contry at the time and to take the matter up with my son in law . They have now sent a £1000 fine for me to my sons house .I dont understand what they are doing .Please help
Noeleen Hartburn
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if this is a fine issued by a council or by a private parking company please?May I ask roughly when you received the notice and roughly when you responded?
Customer: replied 2 years ago.

Private parking company .First issued in January to my son in-law I think .I received a letter in February and replied immediately the letter went to my sons house this week

Expert:  Joshua replied 2 years ago.
Thank you. May I ask if this is a fine issued by a council or by a private parking company please?Are you the registered keeper for the car?
Customer: replied 2 years ago.

Issued by a private firm and yes I am the registered keeper of the car

Expert:  Joshua replied 2 years ago.
Thank you. Could I trouble to recheck what you say above. You say that you think the notice was first issued to your son in law. The parking company check the registered keeper details for the car when they issue a parking charge and send notificiation to the registered keeper. If you are the registered keeper then the initial notice must have come to you as they would have had no way of knowing about your son in law from DVLA records.Are you able to clarify the above in light of this or confirm how you recall events?
Customer: replied 2 years ago.

I am trying to contact him now to find out for sure if they recieved postal correspondence .When I mentioned it to him he was aware of the penalty and said he was disputing it, so in my reply to the company I told them that it was in dispute and I also was putting the matter in dispute . I also dont uderstand how they got my sons address as he has only moved since this matter arose after christmas and although I could drive to his house I would not be able to tell you his address off the top of my head

Expert:  Joshua replied 2 years ago.
Thanks. So just to ensure I have the order of events in my head correctly:Do I understand correctly that the company first notified you of the parking charge but that you responsed advising them that you were not the driver at the time naming your son in law as the driver and they have since contacted your son in law?
Customer: replied 2 years ago.

Hi I just recieved a call from my son in law . The events were as follows I recieved the notice initially and passed it to them .They wrote to U.K. pc appeals section placing the fine in dispute .I recieved another letter for more money which I then replied to stating my son in law was the driver and had put this in dispute as was i and to take the matter up with him as I was out of the contry at the time .It was uk parking control ltd They demanded 160 That was on 23/03/15 IO have just found the letter and a copy of my reply

Expert:  Joshua replied 2 years ago.
Many thanks. That fits very well - thank you. Do you want me to just outline your position or would you like me to outline your son in laws position as well in my reply?
Customer: replied 2 years ago.

both please

Customer: replied 2 years ago.

both please

Expert:  Joshua replied 2 years ago.
Thank you very much for all of the above. Private parkig tickets of this kind used to be essentially unenforceable if the registered keeper refused to identify the driver but that changed a year or two ago when the Protection of Freedoms Act came into force outlawing private clamping and providing enhanced measures for parking companies to enforce private tickets. The PoFA provides that if a registered keeper refuses to identify the driver within 28 days following receipt of the demand then the registered keeper is liable for the demand. Accordingly if you identified your son in law as the driver within 28 daysof receipt then you are no longer liable and your son in law would need to dispute the ticket. If you did not identify your son in law within 28 days of receipt then you are liable for the ticket (subject as below) but can look to your son in law to recover any monies you do have to pay out.The Act has not authorised private parking firms to issue fines though though they often prepare the demands to resemble fines. These demands are still nothing better than invoices demanding payment for breach of contract - the contract is formed by the use of signs warning to display tickets/permits or risk a ticket (invoice) at the advertised rate. Being a contract the ordinary rules of contract apply whereby they must prove that they displayed adequate signage to enable a driver parking there to know of the requirements; evidence of loss on their part as a result of the breach of contract and evidence that they have attempted to mitigate their loss.How your son in law proceeds depends on his appetite for risk. My general feedback in relation to appeals process parking firms use is that appeals are largely a waste of time in that they are conducted by an industry body and therefore appeals have a tendancy to favour the parking companies which are ultimately only interested in making money and therefore rarely grant appeals themselves. In fact I have never heard of a successful appeal however that is not to say that they do not occur as logically if an appeal is successful the individual concerned is unlikely to be contacting a lawyer. However it remains the case that as nothing more than an invoice the parking company have to go to court to force your son in law to pay just as with any other debt.If there were to do so he may be able to argue that they failed to provide adequate signage and therefore may fail to show that a contract was formed when your son in law entered the car park or parking area; alternatively or in addition they would struggle to show any loss from your son in law's alleged breach of overstaying particularly if there were other free spaces available. They will attempt to claim admin costs and so on but they would still struggle to demonstrate a loss of any significance compared to the amount they will no doubt attempt to claim - solicitors costs cannot be claimed if they go to court as the matter would be a small claims hearing if it was pursued. Generally a doubling of the fee if not paid (as is often provided for on these claims) within a certain period is almost certainly unenforceable in contract law.Accordingly he may either pay any amount demanded or simply ignore the various threatening letters that will ensue should he fail to do so. All they can do is issue proceedings in the County Court to sue him for the amount demanded plus costs which would be in the order of £35 plus some minor allocation fees if the matter proceeded to a hearing. Historically they almost never did so because they would find it very difficult to win. Now they have a better position in that they can sue the registered keeper if he fails to identify the driver as above but they must still prove loss and so on as above which is not straightforward. There is little evidence of large scale claims in the county courts though the Act is still relatively young and I gather one or two have started to filter through with judges varying in the amount of costs they will allow. There is an appeal case going through the courts "Parking Eye Ltd v Beavis" which may clarify the amounts parking companies may be able to charge. There is no final decision on this yet and so the position is presently as above. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for this

Expert:  Joshua replied 2 years ago.
A pleasure. I hope it is resolved with the minimum of fuss. If I can assist any further as the situation develops please do not hesitate to revert to meIf you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today. Your feedback is important to me.