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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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I received a parking charge notice from Civil Enforcement

Customer Question

I received a parking charge notice from Civil Enforcement Limited but having missed the 1st notification it was to late to appeal, I sent a letter refusing to pay it and then proceeded to ignore every other threatening letter until it ended up in small claims track, I said I would be defending my case and it went to mediation yesterday where they offered to reduce the charge from 236 to 100. Now I don't know if I should just pay it to make it go away or stick with it and go to court but if I loose I could be paying so much more. I purchased two hours of parking at the machine when I realised I was about to go over I purchased another hour by phone and left within the time but they say there is no agreement to extend my stay and I have still breached their contract and that they never received my letter so that is why I had the additional costs of them chasing me... really not sure what the best option is ?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: what type of details?
Submitted: 2 months ago.
Category: Law
Expert:  Jo C. replied 2 months ago.

hello i can help you. was the area you parked sign posted with a maximum stay? are the signs in clear view?

Customer: replied 2 months ago.
The signs are in clear view and there is no maximum stay it advise first 20 minutes free, up to an hour 80p and every hour after or up to 24 hours £3.20. Payment must be made within 10 minutes of arriving. I arrived at 10:23 purchased a ticket at 10:27 to 12:27 at the machine, then because I knew I could not get back to my car in time on the pay by phone service I purchased another ticket from 12:21 to 13:21 and left the car park at 12:58.
Expert:  Jo C. replied 2 months ago.

Sorry for the delay. Who is the issuer please?

Customer: replied 2 months ago.
Civil Enforcement Limited are the issuer of the PNC. Starpark are the ticket machine/phone and pay.
Expert:  Jo C. replied 2 months ago.

Ok. Are you prepared to risk being sued?

Customer: replied 2 months ago.
sued over what? I don't understand the question? This has already been sent to the small claim court, and I undertook mediation yesterday and got the money down to £100 pounds but I am still frustrated as I don't believe I have done anything wrong I just need to decide if I take it all the way to court or just pay up and make it go away
Expert:  Jo C. replied 2 months ago.

Does that mean you are not willing to go to court?

Some people aren't.

Are you prepared to take the risk?

Customer: replied 2 months ago.
I am willing to go to court and argue the fine
Expert:  Jo C. replied 2 months ago.

Ok. What is your defence to the substantive charge?

You seem to accept overstaying?

Do they allege overstaying?

Customer: replied 2 months ago.
I did not overstay I paid for the complete period of time I was in the car park they say I overstayed as they are using the 1st ticket purchased as their marker of the time in the car park and not considering the fact that I purchased another ticket
Expert:  Jo C. replied 2 months ago.

Do the signs prohibit any stay beyond 2 hours?

Customer: replied 2 months ago.
you asked that previously and I answered and sent an image of the signage... with an explanation ?
Expert:  Jo C. replied 2 months ago.

You didn't answer that question anywhere that I can see.

Customer: replied 2 months ago.
The signs are in clear view and there is no maximum stay it advise first 20 minutes free, up to an hour 80p and every hour after or up to 24 hours £3.20. Payment must be made within 10 minutes of arriving. I arrived at 10:23 purchased a ticket at 10:27 to 12:27 at the machine, then because I knew I could not get back to my car in time on the pay by phone service I purchased another ticket from 12:21 to 13:21 and left the car park at 12:58.
Expert:  Jo C. replied 2 months ago.

That doesn't overtly prevent feeding the meter. In that case you could rely on the second ticket.

Whether you should or not really depends on how much time you want to spend on this. Court cases do take up time. That said, if you feel strongly enough then it would be worth fighting the matter.

The reality is that you might have to take time off work to argue this, there would be some hassle in gathering the evidence and responding to correspondence.

If you are prepared to deal with that then fight the matter. you should win.

It is a question really of how important your principles are to you.

Can I clarify anything for you?

Jo

Customer: replied 2 months ago.
I am not sure I understand what you mean by 'That doesn't overtly prevent feeding the meter. In that case you could rely on the second ticket.'
I would like to understand if I went all the way to court on this what would be my argument.... just that I paid for the parking whilst in the car park... if the company are still arguing that I overstayed then they must feel they have a chance of winning this
Expert:  Jo C. replied 2 months ago.

I'm not sure how to express it differently. You can rely on the second ticket. It does not say you cannot do that.

Expert:  Jo C. replied 2 months ago.

I think they probably think that because they haven't considered the second ticket.

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