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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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And good evening. Since Christmas I've had THREE parking

Customer Question

hello and good evening. Since Christmas I've had THREE parking tickets - two on hospital grounds and one in a FREE car park where there's a KFC and four shopping stores. The companies are called 'Civil Enforcements' who issue tickets on hospital grounds (issued 2x£30 tickets now demanding £70 each) and 'Parking Eye' (issued 1x£60 ticket now demanding £100). At present I am being harassed for payment and told failure to do so will affect my credit rating. On two of these occasions of receiving a 'fine' I have only been aware of it when the demand for money is posted through my door as there is no ticket on my vehicle, whilst the one I did find was under the windscreen wiper arm that the idiots carelessly damaged. Can you please advise me on what to do. I have spoken with someone who works for NSL parking ticket enforcers contracted to Bury Council who has pointed out that their jurisdiction ends at the end of the approach road to the hospital because after that it is private ground. I was also told that if there is a pay meter the most private parking companies can claim from me is just the cost I should have paid to park originally. I've disputed the 'fines' with both companies who have had full written explanations about the embarrassing and painful situation I'm having to experience at the moment healthwise and the difficulties posed when parking, and accessing the main entrance to hospitals and shopping areas etc; and the problems getting back to put more cash in the meter/pay at the only working meter that is always the furthest away/or as happened in the past - crawl from the only available parking spaces at the furthest end of the car-park all the way to the main entrance of the hospital. Neither have been considerate and returned my cheques I sent as payment for the fines at the original charges. these companies DO NOT physicaliy patrol the carparks they sit in a vehicle, watch and wait while you park up and walk away then ticket the vehicle.
Please can you confirm the law on private parking companies/private land and ticket enforcement laws. I can't afford to pay these companies the extortion money they're demanding. thank you
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
Hello were there signs on the parking restrictions?
Customer: replied 9 months ago.
Apparently yes there were on the free carpark I didn't see them because there's no pay and display machines where the signs are usually placed next to. Apart from that I was in a hell of a lot of pain, had wet myself and needed to go change in the shopping centre bathrooms which I did and wet myself three more times repeating the process. Also with ptsd I have impaired concept of time lapse
Customer: replied 9 months ago.
I explained this was a major problem for me as well as mobility issues I was experiencing at the time.
Customer: replied 9 months ago.
One of the tickets received at a hospital was because I was parked In a disability bay close to the hospital entrance. The notice in my window excused myself for being there explaining I had a mobility issue...it was ignored and a ticket put on my car
Customer: replied 9 months ago.
I'm having to apply for help with paying bedroom Tax. If I have to pay these parking fines because all my mitigating circumstances submitted to these companies have been ignored do they have to accept the minimum amount I can afford to pay on a weekly payment plan to settle the debt ie £1 per week on each fine. The money I've just paid you for advice has come out of my food budget.
Expert:  Jo C. replied 9 months ago.
Are you asking if you are liable?
Customer: replied 9 months ago.
Yes as ive checked something on the internet that states they are supposed to cinsider mitigating circumstances of whic i offered ti provide copies if medical reports showung i eas having mobility issues and was ignored.
The site is also stating I can't be forced to pay unreasonable high fine - it has not cost them a loss of 69 -100 go. They are also charging DOUBLE the fines set by the local council
Expert:  Jo C. replied 9 months ago.
Take no notice of what you read on the internet. It is mostly wrong in particular the last point.Had you paid and displayed on each occasion?
Customer: replied 9 months ago.
There's no pay and display machine on the disabled carpark at the Rochdale hospital and at the bury hospital the machine closest to where I was parked in the bays furthest from the hospital entrance wasbt working. However, again due to my physical disposition i wasn't in a position to walk from the furthest bays in the carpark to the building, get change and then walk back to my car then walk back to the hospital department I needed to be at for my appointment.....I paid for the ticket and had it in my pocket then on leaving the hospital absent mindedlly threw it in the bin at the main entrance looking searching my pockets for my car keys would have meant I'd have been more than fifteen minutes late for my appointment and recorded as a 'NO SHOW' and being discharged from the consultant's care.when I got back to my car there was NO parking charge notice on my car and the demand for £70 is the FIRST knowledge I had of being ticketed. If I had they'd have received written request contesting the fine because of the issues as mentioned above
Expert:  Jo C. replied 9 months ago.
Sorry, are you saying that you did pay or you didn't because it was too far to walk?
Customer: replied 8 months ago.
Correct didn't pay because of the pain and difficulty in mobility
Expert:  Jo C. replied 8 months ago.
On each occasion? That is not good news I'm afraid. Is that what happened each time?
Customer: replied 8 months ago.
Sorry for delay in responding I've been having a bad time caused by ptsd and found it hard to deal with this issue. You said that some of the this especially the last point was incorrect what I'd read on the internet....it was a government site that stated these points in relation to changes to schedule 12 and private parking companies/parking fines. Parking eye have written saying they are looking the mitigating circumstances (as highlighted in the revised schedule 12 legislation re: parking fines). So are you telling me that I'm going to be continually harassed and have to struggle to park because I have a permanent 'groin strain' and permanently torn and adhered quadracep, hamstring and gluteus minimus muscles? (the groin strain is actually muscle adhered to the ligament that runs from front to back of the lower abdomen attaching the groin and pelvis and the other muscle adherence is semitendonosis and insertional tendonopathy which I have been told by a consultant that they are not going to operate to correct it but leave me on analgesics and anti-inflammatory medication.
Customer: replied 8 months ago.
I also need to know if I can be forced to pay these fines at more than the couple of £'s a week that I can afford....
Expert:  Jo C. replied 8 months ago.
No problem.What I need to know is this - on each and every of these three occasions, did you have a ticket? Please don't put yourself to detail. Yes or no is fine.
Expert:  Jo C. replied 8 months ago.
Please ignore what you read on the internet about private land fines. Mostly it is outdated and way always ambitious.If you did not have a ticket then they do have a claim against you and they probably will continue to debt collect.There is no defence in saying you didn't buy a ticket because of ill health . It is a non issue.If you did have a ticket then you do have a defence. Your health complaints have no relevance.Can I clarify anything for you?Jo
Customer: replied 8 months ago.
None required on one occassion and I didn't have a ticket on the other two occasions. I've heard back from parking eye who have agreed payment in instalments and even though I've explained in writing why I can only afford to pay it at £10 a month equalling five instalments they have written demanding I make the first payment of THREE instalments in 7 days.
Expert:  Jo C. replied 8 months ago.
Oh yes, they will take payment instalments. There were always going to do that.
Customer: replied 8 months ago.
You didnt answer my question you just made a statement which is confusing and unhelpful: parkingeye are asking me to pay MORE than I can afford. am I within my right to refuse to sign the agreement asking for more than I can afford to pay AFTER fully explaining my financial situation before hand when requesting a payment schedule???
Civil enforcements company have REFUSED the original £30 payment and returned the cheque demanding £70 and sent me another £70 demand for the other ticket at the same time. From the 22nd feb to and including 7th March it is EXACTLY 15 days. Having gone over the dates Civil Enforcements are behaving very heavy handed and dishonestly deliberately incurring a greater debt on myself........ their letter dated 22nd feb that i received on 25th feb agreed to accept payment of the fine at the lower rate of £30 if done so within 14 days as written in the revised schedule 12 on the government website. Cheque posted on 29th feb. Cheque returned to me and received on 9th March with a letter dated 7th March stating 'we do not accept your proposal to pay a further reduced rate of £30'. Thismeans they must have received the payment withinthe 14 day deadline and are maliciously moving the goalposts for their own financial gain by not allowing time for their mail to reach me nor mine to them. If they are counting the 14 days from the date of their letter they also have to do the same regarding the date of my reply don't they????
I've now had it with this company and they can take me to court and accept payment of a £1 a week which the courts will agree to as its only a parking fine and my outgoings are greater than my income. I've spent that much time trying to remain focused over the payment issue on the first ticket because of my mental condition I have to deal with one issue at a time almost like tunnel vision. I didn't even know I'd had the ticket at the bury hospital as there wasn't one on my car - the letter received dated 8th March (lovely birthday present) was the first communication from this company.
Expert:  Jo C. replied 8 months ago.
Your financial circumstances are a non issue. The fine is the fine.I'm happy to continue with this but please rate my answer.

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