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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Hope you can help. I was issued a parking fine 2.5 years ago

Resolved Question:

Hi!
Hope you can help.
I was issued a parking fine 2.5 years ago which is being chased and I'm being taken to court over it.
I had asked on numerous occasions for the evidence to be sent as previously it was only 1 time stated, neither entry or exit and that it was 45 minutes free.
They finally sent it and it clearly states in black and white that I was there for 12 minutes and 15 seconds.
Yet they are still demanding £360 including legal fees and interest which they had last said 15 months ago (with no further contact) that it was put on hold.
What do I do?!
Thanks
Nicole
Submitted: 26 days ago.
Category: Law
Customer: replied 26 days ago.
They have said in there letter that they use cameras so I didn't need to pay & display and this has never been mentioned. If it's easier to call I can speak :).thank you
Expert:  Jamie-Law replied 26 days ago.

Hello my name is ***** ***** I will help you.

Did you ever appeal it?

Customer: replied 26 days ago.
Hi, not to them directly I didn't.
The company in question is civil enforcement but I got a letter from debt collectors wright hassall in which I appealed to them with an email asking for the evidence which I never got. That was June 2016. They said we will get back to you in due course and that the case is put on hold. I heard nothing until I got the court letter last month which I then appealed through the court also
Expert:  Jamie-Law replied 26 days ago.

Did you ever appeal to POPLA?

Customer: replied 26 days ago.
I don't know what I that is.
I only replied to wright hassall and the court
Expert:  Jamie-Law replied 26 days ago.

Sadly these ticket are enforceable by law. You should have lodged an appeal with the parking co when the ticket was issued and you can appeal to POPLA who are independent appeals for parking. But sadly you are out of time.

What you can do now is refuse to pay. All they can do is issue proceedings against you as a small claim and it goes before a Judge.
They will have to prove a contravention took place. If they cant, their claim will fail. If they can then they will win and a Judge can decide how much to pay.

But given you didnt formally appeal, all they can do now is issue proceedings.

I am sorry if this is not necessarily the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 26 days ago.
Hi, that's okay I appreciate an honest answer.
So even though I only parked there 12 minutes and get 45 free, I could still potentially lose?
Customer: replied 26 days ago.
By contravention, do you mean the alleged offence? Sorry I'm new to all of this and don't understand a lot of it. I have called the court and CAB and other avenues but no one will help as it's not a criminal matter
Expert:  Jamie-Law replied 26 days ago.

Litigation is never certain. But I think you have a good case

Yes contravention is alleged offence. Only if its criminal is it an offence. This is a contravention of parking rules..........

Does that clarify?

Customer: replied 26 days ago.
Okay Great. Thank you.
I am just at wits end with no one else helping me and feel like I'm on my own.
The court case also asks me if I want a witness or an expert. Do I opt for these? No one else was with me at the time and unsure what an expert would do I am assuming I would have to pay for this if I lose the case?
Expert:  Jamie-Law replied 26 days ago.

No expert needed. If you lose then costs are limited to issue fee and hearing fee.

Does that clarify?

Customer: replied 26 days ago.
Okay amazing. Thank you so much is there a way this conversation can be emailed across to me?
Expert:  Jamie-Law replied 26 days ago.

Once you rate its kept in your account and you can access it by clicking 'my questions'

Does that clarify?

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