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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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My husband received a parking fine - it said he was in a

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My husband received a parking fine - it said he was in a parking site for 5 hours - he wasn't. He went to B&Q, bought some items, left the car park, went to 2 other shops - bought other items with his credit card - parked in their car parks. Came home - started work on the bathroom - realised he needed some more quadrant to finish it off. Went back to B&Q - bought some more quadrant.
The parking attendant says he was there the whole time - there are no gates in and out the car park. We appealed. They rejected the appeal - we have to pay the fine. We are not in the wrong - I want to go to court - I have had enough of these people
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

How can I help with this please?

Customer: replied 11 months ago.
Well, what can we do? I don't see why we have to pay a parking fine when he wasn't in the car park for 5 hours.
Expert:  Jo C. replied 11 months ago.

Are you prepared to risk being sued?

Customer: replied 11 months ago.
He has done nothing wrong, so I want to fight this - why do we have to pay £100 for something we haven't done - firms can't get away with this or they will all be doing it. I am afraid to go to that car park now as I'm worried if I return I'll receive a fine
Expert:  Jo C. replied 11 months ago.

Ok. So are you prepared to risk being sued?

Customer: replied 11 months ago.
Being taken to court you mean? Yes. What other option is there?
Expert:  Jo C. replied 11 months ago.

Well, the only other option is to pay in full. That is the only way to ensure there will be no possible action.

If you are not prepared to do that then you are running the risk of being sued.

Don't waste your time with their appeal structure. It is pointless.

Expert:  Jo C. replied 11 months ago.

It isn't the appeal hierarchy that decides whether you will pay. It is the court.

Expert:  Jo C. replied 11 months ago.

In fact, all the appeal has done is tell them that you are worth chasing. If you are prepared to be sued it is best to ignore them.

Expert:  Jo C. replied 11 months ago.

If they do sue then this comes down to a dispute over fact.

Customer: replied 11 months ago.
They have said if we don't pay they will pass to a debt collection agent - so we ignore them - then what happens?
Expert:  Jo C. replied 11 months ago.

If they do sue then this comes down to a dispute over fact.

Expert:  Jo C. replied 11 months ago.

Then they will instruct debt collectors to write and phone and ultimately may sue.

Expert:  Jo C. replied 11 months ago.

They do sue far more than they used to now basically because they had lost control of the industry.

It was always a myth that these things were not enforceable. It was just not particularly cost effective to enforce them.

Expert:  Jo C. replied 11 months ago.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
that's when it goes to court?
Expert:  Jo C. replied 11 months ago.

Yes, if they sue.

Customer: replied 11 months ago.
ok, so that's when we instruct a barrister to fight our case? Can you fight our case?
Expert:  Jo C. replied 11 months ago.

You can do that but it will rack up the cost and you won't be able to recover it as it is a small claims court sum.

I can't accept instructions directly under the rules of this site.

It isn't worth instructing anybody though. It would cost £500 - £1000 and there will be no way of recovering it.

Customer: replied 11 months ago.
we go to court ourselves and defend ourselves then?
Expert:  Jo C. replied 11 months ago.

Yes, the small claims court is usually for unrepresented defendants.

Customer: replied 11 months ago.
Ok, are there any tips you can give us for the small claims court?
Expert:  Jo C. replied 11 months ago.

This comes down to a dispute over fact.

Expert:  Jo C. replied 11 months ago.

it depends really on how you give evidence and how they do.

Customer: replied 11 months ago.
Ok, so just take the timed receipts and hope sense prevails! Many thanks, ***** ***** confident now. One last question, can we pick the small claims court - or do they?
Expert:  Jo C. replied 11 months ago.

If this was detected by attendant rather than by camera then you do have a reasonable challenge.

Customer: replied 11 months ago.
Ok, so my last question - do we pick the small claims court or do they?
Expert:  Jo C. replied 11 months ago.

They do. They want to claim from you. They will have to do so at court.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Ok, many thanks for your help