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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70837
Experience:  Over 5 years in practice
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I broke down at Aldiss in Sudbury. I notified the store manager

Customer Question

I broke down at Aldiss in Sudbury. I notified the store manager when my breakdown service didn't respond. The store manager took all my details, and when the next day my breakdown service did at last respond they took my details as I wanted an answer to their non-response. The driver of the breakdown vehicle gave me a work sheet as proof that he had attended. Having informed the store manager of what was occurring I didn't expect to receive this letter, how do I go about getting this matter delt with.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
what letter have you received?
Customer: replied 2 years ago.
Parking eye parking charge reminder
Expert:  Jo C. replied 2 years ago.
So you have had a private land fine?
Customer: replied 2 years ago.
As I broke down at an Audi store I suppose so
Expert:  Jo C. replied 2 years ago.
What is the complaint in the fine?
Exceeding the pay and display time?
Customer: replied 2 years ago.
Exceeding free parking time
Customer: replied 2 years ago.
And when I tried to explain this you got lumbered with me
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 2 years ago.
I can offer a phone call if you would like but it will rack up the cost to you. Also I am in court until 1pm.
Or we can carry on online?
Customer: replied 2 years ago.
Yes
Expert:  Jo C. replied 2 years ago.
Ok. Are you prepared to risk being sued by them?
Customer: replied 2 years ago.
No
Expert:  Jo C. replied 2 years ago.
You need to decide upon your appetite for risk really.
This is a private land fine. They have been much discussed really in the news recently but essentially the law comes down to this. They are not local council fines and do not have their force but they are contracts in civil law and can be enforced. They are often not enforced because they are not cost effective.
In relation to your specific situation, having the permission of the store staff is a non issue. They are not land owners and have no right to give permission. Whether having broken down is a defence depends on the nature of the signs at the location. You could drop down on the general law of duress or even just the normal principles of justice. However, to do either of those things would only assist if you went into court.
It is quite unlikely that they would sue. It isn't very cost effective for them to do that. What they will do is send letters and telephone occasionally and generally make a nuisance of themselves. However, they could. There are no guarantees. There is always a risk.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Thank you Jo as my breakdown service was at fault I'll let them sort it out.
Expert:  Jo C. replied 2 years ago.
You could complain to them. They are not liable per se but you could complain.
Customer: replied 2 years ago.
Thank you Jo, I find this whole thing bemusing, but I think as my breakdown service failed to answer it is 24hr, some blame must attach to them. Thank for your help.
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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