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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
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: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
what letter have you received?
Customer: replied 11 months ago.
Parking eye parking charge reminder
Expert:  Jo C. replied 11 months ago.
So you have had a private land fine?
Customer: replied 11 months ago.
As I broke down at an Audi store I suppose so
Expert:  Jo C. replied 11 months ago.
What is the complaint in the fine?
Exceeding the pay and display time?
Customer: replied 11 months ago.
Exceeding free parking time
Customer: replied 11 months ago.
And when I tried to explain this you got lumbered with me
Customer: replied 11 months 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 11 months 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 11 months ago.
Yes
Expert:  Jo C. replied 11 months ago.
Ok. Are you prepared to risk being sued by them?
Customer: replied 11 months ago.
No
Expert:  Jo C. replied 11 months 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 11 months ago.
Thank you Jo as my breakdown service was at fault I'll let them sort it out.
Expert:  Jo C. replied 11 months ago.
You could complain to them. They are not liable per se but you could complain.
Customer: replied 11 months 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 11 months ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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