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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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County court claim form received from total parking solutions. For

Resolved Question:

county court claim form received from total parking solutions.
For parking at a hospital car park in wales. I am a Doctor.
Parking in wales is free for staff and visitors.
TPS issued 10 different tickets between January and March 2015 for parking in patient and visitor reserved car park. Each ticket for £60.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
they now want to claim a bulk claim of £600 plus £60 through the county court.
Customer: replied 1 year ago.
The particulars of claim as per claim form " claim for monies outstanding from the defendant as registered keeper in relation to 10 outstanding parking charge notices issued between january 2015 and March 2015 for parking on double yellow lines and parking in patients and visitors parking zone on private land at morriston hospital, swansea. Total parking solutions parking attendant monitors parking compliance at morriston hospital swansea say 6nl. The signage clearly displays at the entrance and throughout the car park that it is a private land and is managed by total parking solutions ltd along with other terms and conditions by which those who park on site agree to be bound. In accordance to the terms and contains set out in the signage, the parking charges becomes payable. notices under the protection of freedom act 2012 have been given under schedule 4 making the keeper liable."
Customer: replied 1 year ago.
on what grounds can i appeal this? What should i do
Expert:  Jo C. replied 1 year ago.
Do you dispute parking there?
Customer: replied 1 year ago.
No
Expert:  Jo C. replied 1 year ago.
Ok. What is your challenge then? Sorry for the delay.
Customer: replied 1 year ago.
1. My challenge is that its free to park on hospital sites in wales. its not that ive failed to pay for parking. Parking on site is horrendous people circulate for a long time amongst many carparks looking for any available space and then park.2.No loss or damage was caused to the company or land owner to justify a charge of £60 per ticket.3. There was no obstruction and no tresspass4. I did not enter into any contract with the company or the landowner with respect to parking. I thought the same rules applied throughout the hospital site.
Expert:  Jo C. replied 1 year ago.
Points 2 and 4 are not sound in law I'm afraid. The recent case of Beavis brought an end to any argument on either point.
Point 3 is not relevant. This is a contract not a tresspass. Despite your view that you have not entered into a contract I'm afraid that you very definitely have.
Point 1 may be relevant if indeed that is their complaint. On the face of it, they are not saying that you didn't have a ticket. They are saying that you parked on a double yellow line or at a disallowed location. It is a complaint about the manner of parking rather than the absence of a pay and display ticket. You could put them to proof on the adequacy of signs to rely on these prohibitions but that is your best point.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69780
Experience: Over 5 years in practice
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