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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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On Feb 19 2016 I parked my Landrover in the beach car park

Customer Question

On Feb 19 2016 I parked my Landrover in the beach car park in Perranporth, Cornwall, bought a ticket and went for a walk. On our return we found a PCN from AS Parking on the windscreen. The ticket had blown onto the drivers seat.
A week later I received an invoice from AS, to which I replied that as I had bought a ticket, a copy of which I enclosed, I would not be paying any more.
Ultimately, I received a threatening letter from Gladstones Solicitors, to which I replied in the same vein.
I have today been issued with a County Court claim for £228.32.
Do I have any chance of defending this claim if I push it to Court?
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Ash replied 5 months ago.

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

Did you put in a formal appeal please?
Alex

Customer: replied 5 months ago.
No, I didn't, on the basis that the appeal process assumes that the ticket has validity, and the original letter stated that the process would not countenance any form of reason or excuse.
Expert:  Ash replied 5 months ago.

Sadly you dont have a defence if you go to Court.

A recent Supreme Court decision in London with Parking Eye said that these tickets are enforceable. Please see:

https://www.supremecourt.uk/cases/uksc-2015-0116.html

You should have appealed and on the basis you did not then sadly the tickets are binding.

This has been to the highest Court in the land and it has found they are valid.

I am sorry if this is not the answer you want and certainly not 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?
Alex

Customer: replied 5 months ago.
Surely the Supreme Court judgement was with regard to a failure to buy a ticket? I bought a ticket, which was in the vehicle and still got fined. Although I have proved that the fee was paid, AS have disregarded the evidence and not entered into any discussion at all, and continued to heap cost after cost onto their charges.
Expert:  Ash replied 5 months ago.

No, its about whether the penalty notices are valid. The answer is YES they are.

You should have appealed the penalty notice, you did not and therefore the charge would stand

I am sorry, but I can only advise on what the law says.

The terms say you must display a valid ticket. You did not - it had blown onto the seat. That was not a requirement of the car park rules. It was to be on the windscreen.
I am sorry as I know its unfair. If you go to Court you are likely to lose.
Can I clarify anything?
Alex

Customer: replied 5 months ago.
the choice at the moment is pay all that is on the Court documents and walk away or go to Court and probably lose? What are the implications of losing? Will there be more costs or a CCJ lodged against me?
Expert:  Ash replied 5 months ago.

If you lose yes you will have CCJ but it can be cancelled if you pay it off within 30 days.

The only additional costs would be the Court hearing fee.

Alex

Expert:  Ash replied 5 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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