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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70653
Experience:  Over 5 years in practice
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I have received a parking fine of £80.00 plus £54.00 for

Customer Question

Hello,
I have received a parking fine of £80.00 plus £54.00 for initial legal costs which according to the letter occurred on 30th June 2015. This is the first time I have been notified of this incident by post even though I have lived at my address for 4 years. Can you advise me of my rights please. I was at the car park on that date as until 10th August 2017 I was an employee at the hotel on the site for 10years and I did have a parking permit although, I do accept that this could have fallen on the floor as it happened a few times. Thank you. Lesley Clarke.
Submitted: 18 days ago.
Category: Law
Expert:  Jo C. replied 18 days ago.

What would you like to know about this please?

Customer: replied 18 days ago.
After all this time has elapsed with no contact from the parking firm which is private and not council and no knowledge or recall about this incident which alledgedly happened 29months ago, what are my rights and do I have to pay?
Expert:  Jo C. replied 18 days ago.

Do they accept that you didn't receive the fine at the time?

Customer: replied 18 days ago.
I have not spoken to them at all, wanted to do my research beforehand. I have discovered that they only became a member of the accredited operator scheme on 1-3-2016 that answers the question of why didnt they write to me at the time at my address. Also, they have not provided me with a copy of the parking notice or, provided a photograph
Expert:  Jo C. replied 18 days ago.

Were you the driver?

Customer: replied 18 days ago.
Expert:  Jo C. replied 16 days ago.

thank you.

I am sorry for the delay. I don't know why this dropped off my question list.

This is a difficult issue because it is a private land fine so they have six years to sue because it is basically a breach of contract.

You could argue that they are in breach of their requirement under the freedom of information is act to serve the parking fine notice on you within 28 days. However, it is quite unlikely that that invalidates the entire fine. This is new law so it is not been tested but I suspect that the High Court would find that this amounted to an invalidation of the requirement to name the driver. Therefore, the fine would have the difficulty of running against the driver with no ostensible means of proving the identity of the driver. It would not invalidate the fine altogether.

Can I clarify anything for you?

Jo

Customer: replied 16 days ago.
No thats fine Jo. Thanks for your help.
Expert:  Jo C. replied 16 days ago.

No problem and all the best.

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