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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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I was fined in a private car park on an evening

Resolved Question:

I was fined for parking in a private car park on an evening in December.- told I had not paid.
When I arrived I was pleased to see that I could pay by 'pay by Phone' which was great because they know my car and my payment details so I only have to key in the place code.
I have evidence on my phone bill of this call.
The voice told me there was no charge. So I assumed that parking was free after a certain time. Sadly I did not check.
I appealed the fine and have been turned down on the grounds that the costs were clearly visible.
Is it worth appealing again?
Joy Hasler
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.
who is the issuer please?
Customer: replied 1 year ago.
Parking Eye
Car park Solutions
Expert:  Jo C. replied 1 year ago.
Ok.
Are you willing to risk being sued?
Customer: replied 1 year ago.
They have advised me that I can appeal to POPLA (parking on private land appeals). I want to make sure I have a tight case. This is a matter of principle rather than money hence being prepared to pay you.
I followed instructions and tried to pay by phone but was advised that there was nothing to pay. If there had been anything to pay Pay by Phone have my credit card details.
Customer: replied 1 year ago.
I don't want to be prosecuted but do want to appeal.
Expert:  Jo C. replied 1 year ago.
OK. So are you willing to risk being sued?there is no point in their appeals structure.
Customer: replied 1 year ago.
I need to know my options. If I am sued can they increase the fine? Or will it remain the fine they have charged me with. If they can't increase the fine then I am prepared to be sued (but not to have debt collectors raiding my home)
Expert:  Jo C. replied 1 year ago.
if they sue then they will only get the sum of the fine but they will get about £25 in costs and fixed solicitors costs of £50 as well.
Debt collectors can't visit you at home. Only bailiffs can do that after a CCJ which is not paid.
On the face of it, you do not have a defence. Come what may, you didn't pay. I realise you were told there was no need but that isn't a defence if the signs were the contrary. The signs at the location set out the terms of the contract. They may well not demand payment at this particular time but you need to ascertain that rather than rely on what was said to you.
You could try to argue that you were unable to pay because payment would not be taken although they would say that you shouldn't have parked there but that is always a double edged sword.
It is quite unlikely they would sue anyway. It is not very cost effective to do that for one fine.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No. That is clear. Thank you. It just feels quite unjust when in all good faith I tried to pay by a method given on their metre (as I always do). I will pay with the discount they are offering me for 14 days.
Thank you for your advice.

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