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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69792
Experience:  Over 5 years in practice.
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Hi I have on two occasions been given a ticket for not paying

Customer Question

Hi I have on two occasions been given a ticket for not paying and displaying in the same car park. On both occasions I have paid and I imagine the ticket has flipped over by the wind when I shut the door. The tickets are of the type that cannot be stuck to the window to be secure. I have the original tickets with me. on the first occasion I appealed and provided the ticket which was well within the time that the fine was issued but the Car park management company told me that the ticket had been correctly issues and that I still had to pay. They have not told me that they intend to take action against me. I would like your advice on this. From my point view I have paid each time but obviously ticket has flipped without me noticing it. Is the car park company still entitled to fining me when I have actually paid them for the entire time I have stopped there?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Who is the issuer of these tickets?
Customer: replied 2 years ago.
its the private car park management company. not the council
Expert:  Jo C. replied 2 years ago.
Do you know if the signs at the location say the ticket has to be displayed or just purchased?
Customer: replied 2 years ago.
it says pay and display
Expert:  Jo C. replied 2 years ago.
Thanks.

They could argue that you are in breach of the contract then. If there is a requirement to display the ticket as well as purchase it and you did not for various reasons then they could argue that amounts to a breach of contract.

You could defend any action on the basis that they have suffered no loss because you did pay for the ticket.

Also, I suppose you could ask the court to consider what 'displaying' means. It could be argued that the test is met as soon as you place it in the window. If it falls down thereafter then that doesn't mean you haven't displayed it. What they seem to require is that it must remain displayed throughout the time of your stay there and I bet the signs don't say that.

Its very unlikely they would sue you anyway. They do send out these letters far more regularly than they intend to sue.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
ok for the first ticket they have sent me a letter titled notice of intended action issued by CCSCOLLECT. it says i should pay £127 if I dont they will take one of the following actions

- arrange for a local collector to make an appointment to visit me at home and discuss the debt or recommend to their client that action is taken against me.
- the second ticket i just got today.

so if i went to court and lost would they enter a CCJ against me? and would that affect my credit rating. is it wise for me to wait to go to court? they will argue that thy have accumulated all that because they were chasing payment but as i alpealed first time and gave them a copy of the ticket as proof in their response they did not refer to my statement that i had paid and had a ticket they just sent me pictures of my car in the car park
Expert:  Jo C. replied 2 years ago.
They cannot send anybody round unless they get a CCJ and to do that they would have to sue you.

Yes, if you lost they would get a CCJ against you but if you pay it off within 28 days then it would not impact on your credit rating.

Customer: replied 2 years ago.
Do you mean if we paid the fee within 28 days of the CCJ it would not affect the credit rating or you kean 28 d ays after the issue of ticket? in your opinion is this sort of case likely to suceed or the odds are tuck against us that we did not display? plus in most car parks you get a sticky label to paste your ticket on the window with. their is just a dry single ticket so obviously it flipps over easily with wind and thats out of our control. would that play in our favour do you think? we have copies of both tickets proving payment. also is it worth appealing again now given the first one got rejected?
Expert:  Jo C. replied 2 years ago.
No, if you pay a CCJ within 28 days of the date of judgment then it does not show on your credit check because its a dispute over liability not bad money management.

I think you would probably win if you contested it.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69792
Experience: Over 5 years in practice.
Jo C. and 2 other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.
I now just opened another letter which I missed before. its come in after the notice for intended action one i mentioned above. it says
we can pay £63 instead of £127 before 17 April. it then says if it goes to costs will escalate to £215
including cpurt and legal fees. if the court papers are served is it possible at that point to dispute the value of the claim? i.e if we are found to be in the wrong would the court just order us to pay everything they have demanded or it decides a fairer amount that you should pay?
Expert:  Jo C. replied 2 years ago.
No, they would get the sum of the fine plus about £35 in court costs and maybe £50 in fixed solicitors costs.

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