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Who is the issuer please?
Ok. Are you asking if you are liable?
No, not really.
It depends what their signs say but if they say that a driver had to park within a marked bay and you did not then there is a breach.
There is no defence in saying that you didn't obstruct others which is effectively what 'substantial compliance' amounts to.
Commercial loss is also not a defence now as the case of Beavis has implicitly confirmed. There never had to be a financial loss per se anyway as it was too remote from the wrongful act.
Private land fining was always a perfectly valid claim. It was just not very cost effectively to pursue in practice.
that hasn't changed.
They have become more aggressive essentially because they have lost control of the industry.
Can I clarify anything for you?
Yes, if that is what their signs say.
Mitigating circumstances are a non issue.
Yes, if they litigate on these facts they would win.
No. It is not. It never was the test.
No, a letter of claim doesn't really mean anything. They may pursue it, they may not.
On the face of it, you are not raising a defence
They lose many cases but not on these facts. Commercial loss is a non issue.
Yes, you can always pay although they would be claiming costs. Costs would be fairly low though.
I'm happy to continue with this but please rate my answer.
If you are not phased by the risk of a small amount in costs then I would refuse to pay and see if they sue. Mostly they still do not.
Also, anything can happen. Their signs may be inadequate. The suing company may not be able to show a deed of assignment.
All the best.