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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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More of the same from New Generation Parking, which I

Resolved Question:

Hi - more of the same from New Generation Parking, which I hope you can advise on, please.
My daughter parked on private land outside a block of flats in Bristol whilst visiting a friend who had just returned home from hospital. That was back in May. She was in a hurry and parked the car with the front wheels on the line marking the bay. She was only staying for a few minutes and judged that she was not blocking anyone trying to park or leave, so left it. On her return there was no ticket on the car.
Some time later I received a parking charge at my address in London - it was addressed to her, the keeper of the car, but sent to me, the owner of the car. The charge was for parking outside the marked bay - which was a gross exaggeration. I looked online to see what others had done on receipt of what I consider a speculative invoice and decided not to respond.
I've had a couple of reminders and escalation letters since which I have also ignored but yesterday - 4 December - I received a Notice of Enforcement from dcbl ltd. interestingly dated 17 November. Apparently if payment is not made by 9 December 'an enforcement agent may visit to open lines of communication'.
So, what to do? Any advice gratefully received.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you are liable?
Customer: replied 1 year ago.
Whether it's me or my daughter doesn't really matter. I want to resolve it either way.
Expert:  Jo C. replied 1 year ago.
Ok. So what is your question about this please?
Customer: replied 1 year ago.
Sorry - very unhelpful of me not to say. I'm not sure what to do about the Notice of Enforcement from dcbl ltd - I still don't think she did anything wrong and feel I should wait and see what they might do, but don't want it to escalate out of control. Are they likely to pursue this? Am I just digging my heels in for no good reason and should just pay up?
Expert:  Jo C. replied 1 year ago.
The Notice of Enforcement is a non issue. They cant' issue documents that seek to mimic those issued by the local council or not in a way that has any force.
The only way they can enforce this is if they sue. Whether they will do that is another matter. They don't often but there is a risk that they could. They are becoming more aggressive now that the case law has gone in their favour. But the chances are in your favour.
They will send you some very unpleasant letters though. They will probably get a solicitor to write to you as well.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thank you, that's helpful. So, if they do sue, would it be for non payment and nothing to do with the rights or wrongs of the original penalty charge?
Expert:  Jo C. replied 1 year ago.
You could raise that defence.That would depend on what the signs say at scene. They may well have meant to prohibit parking outside of the lines but half the time they don't draft the signs properly.
Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
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