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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69512
Experience:  Over 5 years in practice.
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I recieved a parking notice ticket, i was parked at pinners

Resolved Question:

hi i recieved a parking notice ticket, i was parked at pinners brow retail park i was there for 40 mins
Submitted: 8 months ago.
Category: Traffic Law
Expert:  Jo C. replied 8 months ago.
How can I help with this please?
Customer: replied 8 months ago.
i was told i don't need to pay it, it's illegal? it's from ukpc they want £60 if i pay within 14 days (which are up today or £100 after the 14 days paid within 28 days
apparantly the shops had been closed and my car was still there. to be fair there is a big sign up but if you read it straight away it says first 3 hours free but in the smaller (terms and cons it states that if the shops are not open etc etc
Customer: replied 8 months ago.
i parked there about 20:10 on 8/4/2016 and got back about 20:50 the tickets where on a few cars mine states issue time 20:32 and time first seen 20:32
Expert:  Jo C. replied 8 months ago.
Are you prepared to risk being sued?
Customer: replied 8 months ago.
Private parking firms CANNOT fine youPrivate parking firms CANNOT fine you. Tickets at supermarkets or private car parks may be disguised as fines, but they are really just invoices.Clamping of motor vehicles on private land is a criminal offence Section 54 of Chapter 2 of the Protection of Freedoms Act 2012 and clamping vehicles on public roads is illegal under Regulation 17(3) of the Taking Control of Goods Regulations 2013 when the driver (not necessarily the owner) has not received a statutory Notice of Enforcement, or the vehicle does not belong to the liable person.It is not illegal to clamp a debtors car parked on his own private land. See Paragraph 211 of the explanatory notes.It is also illegal for bailiffs to clamp or seize goods not wholly belonging to the debtor, Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.The regulations enable parking companies to ask the driver to pay an unpaid parking charge, but the regulations do not provide for 'penalties' or any sums greater than the actual pre-estimate of a loss to the regulated company. If your overstay in a regulated car park cost 30p and the parking company spends a £1 disbursement for sending you a demand then the most that can lawfully be claimed from you is £1.30.DVLA fees are subscription based and there is no specific cost to looking up the registered keeper of a vehicle and the parking company will already have this subscription so there are no actual disbursements claimable from the driver under these regulations.If the parking company is not a member of an Accredited Trade Association (ATA) or does not use Parking on Private Land Appeals (POPLA) service for its appeals then the company is not compliant with regulations, or the company is unregulated and the driver or keeper does not have to pay the ticket.Here is the Department for Transport official guidance on private parking tickets issued on private land from 01 October 2012.As these regulations are new and drivers may not fully understand it, private parking companies may take advantage of this by pretending the regulations give companies a right to charge penalties for unpaid private parking tickets- See more at: http://www.dorseteye.com/north/articles/private-parking-firms-cannot-fine-you#sthash.ZpnAQnth.dpuf
Customer: replied 8 months ago.
do i need to pay?
Expert:  Jo C. replied 8 months ago.
Would it be possible to tell me whether you are prepared to risk being sued?
Expert:  Jo C. replied 8 months ago.
Please disregard what you have written above. I'm afraid that your source is just simply wrong.
Customer: replied 8 months ago.
no, i dont want to get sued
Expert:  Jo C. replied 8 months ago.
No, I understand that.But if it came to it would you risk it?
Customer: replied 8 months ago.
no
Expert:  Jo C. replied 8 months ago.
The only way to avoid it for certain is to pay in full. There is no other way to do so. They could sue. They don't generally as it isnt cost effective for them but there are occasions when they do. They have become more aggressive recently after 2012 when the law turned in their favour but they still don't sue very often. On your point above, a private land fine is an invoice. That does not mean it is not enforceable. The reason they do not generally enforce them is that it is expensive to do so and so is not cost effective. They have, and have always had, a perfectly valid claim in breach of contract and the case of Beavis recently decided brings to an end the point that these sums of money do not reflect their loss. The chances they will sue are low but if you really cannot take the risk then you should be aware that they may. Can I clarify anything for you? Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69512
Experience: Over 5 years in practice.
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