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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice
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Having received a county court claim from ccbc

Resolved Question:

Having received a county court claim from ccbc for overstaying 10mins in a private car park (due to car not starting). I was under the understanding that private car parking companies were supposed to give a grace period to allow for exiting the car park as set out in the BPA code of conduct? (The company are members so should adhere to the code of conduct). What should I take to court with me to defend my argument? Should I provide proof of the mechanical issues I was having with my car at the time? Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Are you asking if this is a defence?
Customer: replied 1 year ago.
Yes i am thanks
Expert:  Jo C. replied 1 year ago.
Thank you. If that is your only defence then I'm afraid that it will not succeed. They do not have to give a period of grace and, in fact, neither do the local council either. The reason that council employed traffic wardens will observe a period of grace is to rebut the drivers' defence of loading which obviously does not apply to private land. The code of conduct is a nonissue. It does not regulate contract which is essentially what these dispute is. Unless the signs at the location actually said that you are entitled to a grace period then none will apply. That is not to say of course that you may not win on other factors. The defence you are trying to raise will not succeed however. I'm very sorry but I can only give you truthful information. Can I clarify anything for you? Jo
Customer: replied 1 year ago.
Do I have any hope in providing proof of mechanical issues with the car and that I could not physically get out of the car park in time due to the car not starting? Or am I just clutching at straws? Really appreciate the truthfulness of your answer above, I need to know exactly where I stand. Thanks
Expert:  Jo C. replied 1 year ago.
what were the mechanical issues?
Customer: replied 1 year ago.
The car would not start after numerous attempts, once it did I exited promptly. I took the car to a garage on the same day and it was found that I needed a new alternator and battery which I have receipts for the work carried out.
Expert:  Jo C. replied 1 year ago.
That would be a discretionary ground for the local council to cancel any such fine but private land finds have an entirely different legal basis. I suppose you could try to argue that you were under duress but it isn't the best points. If it is just overstaying then usually the challenges are either to the certainty of the terms arising from the signing at the location or the next service of the debt management company who will invariably bring the suit.
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Customer: replied 1 year ago.
Ok I understand thank you for your time and the information provided.
Expert:  Jo C. replied 1 year ago.
No problem.All the best.