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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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Madam, i have had a fixed penalty charge issued in

Resolved Question:

Dear Sir/Madam,
i have had a fixed penalty charge issued for parking in prohibited area which was not marked in any way at all. I have not been able to reason this out with the issuer of the penalty charge and would like to go to the court in order to get a fair hearing. However, I am unsure if this is likely to happen or if the system is "rigged" in favour of parking fine companies.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Who is the issuer please?

Customer: replied 1 year ago.
Hi, it is UK Parking Patrol Office Ltd. I can send you the whole scenario that took place as well as photographs to show no road marking at all in the area where the car was stopped, but not parked. I stayed with the vehicle the whole time
Expert:  Jo C. replied 1 year ago.

No, thats all I need to know.

Are you prepared to risk being sued?

Customer: replied 1 year ago.
I am not entirely what that would mean in terms of a negative outcome, but I would like to have an opportunity to show the judge the photos and explain what had happened rather than just be issued with a parking fine for a non-existent offence
Customer: replied 1 year ago.
I have attached the photo showing where I stopped the car due to the fact that the barrier would not open.
Customer: replied 1 year ago.
As you can see, there are no marking on the road at all to suggest that this part of the road is subject to same regualtions as the road that you turn off from, which had double red lines
Expert:  Jo C. replied 1 year ago.

I'm sorry if I am missing the point but the photograph just appears to show a view of building where parking is clearly prohibited?

Customer: replied 1 year ago.
The background is as follows- a friend of mine was staying at the hotel (seen to the right of the photo), I was dropping him off at 00:36am, we drove in, the barrier appeared not to be working, I could not see anyone at the reception (looking through the glass) so I dropped my friend off at the barrier where I had to stop (for one minute at the most, never leaving the vehicle) and left. Given that the space in front of the barrier is not marked with double red lines, and I could not go through the barrier, what offence have I committed?
Expert:  Jo C. replied 1 year ago.

Did you abandon the vehicle at that location?

I presume you were on the double yellows and the red lights?

Customer: replied 1 year ago.
If you look at the photo, I was next in front of the barrier where there are no double red lines or boxed yellow lines
Customer: replied 1 year ago.
I never abandoned the vehicle, the car was running the whole time, I stepped out of it to hug my friend who left (this is all on video footage) and then I got back in the car and left.
Expert:  Jo C. replied 1 year ago.

It is not an offence. This is private land parking. However, that location was quite plainly a prohibited one. It isn't really possible to argue that the signs were inadequate given that there were double red lines.

Double red lines don't mean much on private land but they clearly do convey a prohibition that would be understood by motorists.

Expert:  Jo C. replied 1 year ago.

The question is whether they are willing to sue. Commonly they did not as it was not cost effective but they are becoming more aggressive now that the law has turned in their favour.

Expert:  Jo C. replied 1 year ago.

The case of Beavis has resolved the challenge arising from the sum of their loss at least for now in favour of the private land finer.

Expert:  Jo C. replied 1 year ago.

The only realistic argument you could raise if there were to go to court is to challenge whether you were 'parked'.

There is case law that relates to council fining that says the prohibition is committed if a motorist causes the vehicle to come to rest even if the engine is running.

However, they may not be aware of that and you could argue it is dissimilar as it relates to council fining which has a different premise.

Expert:  Jo C. replied 1 year ago.

Usually with these things though it is a battle of nerves over whether or not they will sue.

They still sue far fewer motorists than they fine so the odds are probably in your favour.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
This is great, thank you very much Jo, much appreciated.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

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