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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice.
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I have a question regarding a parking fine which I am disputing I need to decide whether

Customer Question

I have a question regarding a parking fine which I am disputing
I need to decide whether to continue to appeal.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Who is the issuer?
Customer: replied 1 year ago.

Milton Keynes Council

Expert:  Jo C. replied 1 year ago.
Ok.
What are your grounds of appeal?
Customer: replied 1 year ago.

That they had not experienced a financial loss, and that the charge was onerous.

Background is: I parked in a longterm carpark and paid for 24 hours. I work in Manchester & was detained such that I had to stay an extra day. I renewed by telephone. I was detained again and again I renewed by telephone, but not until 9.03 am. My paid period expired 1 hour & 42 minutes before this, and in the interim period I recieved a penalty notice. Their grounds for rejection are that payment must be made immediately on expiry, and they quote a decision by Lord Parker the Lord Chief Justice.

In summary I paid a total of over £30 pounds for 3 days poarking & they are electing to pursue me with a penalty charge due to a short delay between days 2 and 3 of the period.

Expert:  Jo C. replied 1 year ago.
Thank you.
I'm very sorry but you are wasting your time.
This is a local council issue fine. They do not have to show that they have experienced loss. The local council are an emanation of the state and they are allowed to levy punitive fines upon people for behaving in a way that is prohibited. These fines are punishment in law rather than compensation for breach of contract.
Private land fines are entirely different. They represent a breach of contract. That said, even they no longer have to represents loss following the recent case of Beavis in which the court rejected the argument that they were fine and so void under UCTA
I'm very sorry but on these facts you have no argument at all. If you are intent then you can always appeal on this basis. It is possible that they will fail to prepare properly and you will win by default. That does sometimes happen but obviously you cannot rely upon it.
Can I clarify anything for you?
Jo
Jo C. and 2 other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for your comprehensive reply.

As you say, I have little option but to withdraw, although proceeding and relying upon their incompetence does sound tempting!

Thanks again.

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. 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/

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