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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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This concerns a parking charge at my local shopping area in

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Hello, this concerns a parking charge at my local shopping area in Northampton. It was 20 Dec 2013 and we went out to collect fast food, it was cold and wet, and when I arrived in the car park there was a slot available. Within a matter of minutes I returned to the car as I had noticed it was 'Reserved' for Invalid badge holders, but too late a ticket had been put on my windscreen, and no parking attendant was in sight, as I look extensively, and was standing inside the window looking out at my car only a few yarsd away whilst my wife ordered the food.
I subsequently ignored all correspondence and the charge went up and up and eventually the letters stopped coming. Unfortunately I don't have any of the letters now as its over four years ago.
Today a letter come from DRP demanding payment of £90 for this incident over four year later!!, I telephoned them and the guy who answered just said there was no correspondence and was I going to pay?
The bot***** *****ne is that on a cold wet night the signs were not easily visible in the same area, and I did not agree with their terms and conditions just because I parked on this private retail park. At the time I made extensive research, and even rang the local traffic wardens office to find out more. The conclusion was that Disabled parking provision and enforcement was only a provision of the road traffic act on the public highway, and as this was private land, and there were no charges for a short stay at other areas ( but the car park was full so I didn't have a choice!) So I ignored all correspondence. In the mean time I moved out of the address, I still owned the property and had regular contact with the tenant, we had postal redirection for at least six months. Subsequently we sold the property and moved out of our next address, now as we bought a new how about a year ago, again we had postal redirection this time for 12 months. The new claim advises me that they had to utilise a tracing agency to find my current address four years later, and that I should check that the DVLC has my current address and details as I could be fines £1000 by DVLC. I can state categorically that my driving and car registration documentation has been accurate and up to date throughout. If they contest this then I am prepared to go to court. Please confirm that ignore - ignore is the correct action and that my conclusion about agreeing to a contract is invalid, and that the provision for disabled parking is a voluntary gesture and not enforceable. They did not stipulate if a badge needed to be displayed as I recall, and a few weeks after this incident all signage was removed from the same area, not that it was in good view anyway especially at night!
Thank you for any guidance, I also intend to contact the AA as I am a member.
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

Would you mind summarising your question?

Customer: replied 4 months ago.
I can't believe they have instructed a debt collection after 4 years. Anyway the point is that I believe they have no enforcement rights for this type of charge on private land, when I haven't signed a contract?
Expert:  Jo C. replied 4 months ago.

I'm afraid your view is wrong.

You don't have to sign a contract. Rarely do people actually sign contracts. They are accepted in other ways. This is settled law now.

They very definitely do have rights of enforcement and they have six years to sue.

Whether they will or not is another matter.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
The issue of the road traffic act being applied on private land?
Expert:  Jo C. replied 4 months ago.

This isn't road traffic.

This is a breach of contact. Case of Beavis.

Jo C. and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Ok thank you I'll take my chances, I suppose they won't confirm that they won't proceed in writing as it limits their options. They have to take me to the small claims court. this is advice from another on line solicitor different case but similar.
I have never paid for any 'ticket' and never will.If on the extremely rare occasion you were to get a small claims court form from them, then even under the new laws in 2012, this defense nails it:"I defend the whole amount, taking into account recent case in the Brentford county court on 23/10/2013 - case number ***** - ParkingEye Ltd - vs - Ms Anita Sharma
and for the following reasons which are also my defense; that :-
1) I have no civil contract with the claimant whatsoever
2) The amount claimed is not consistent with any losses actually incurred
3) The claimant does not own the land in question."