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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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JoshuaI recieved a G24 parking and appealed against it

Customer Question


I recieved a G24 parking and appealed against it I am curently waiting for their reply.
Unfortunately during the appeal process I probably named myself as the driver.
You wrote the reply to someone about a year ago stating that it can be safely ignored. Howerevr in my situation it appears I may have given them my name as the driver as noted above.
The reduced cost of £57.00 (£2.50) as opposed to £95.00 runs out tomorow.
What advise could you give in this situation

Note : I fairly sure but not certain that the overstay was due to a return visit.

Expert: Joshua replied 1 year ago.

Joshua :
Welcome to JustAnswer! If you've queries once you've read my answer do ask. When satisfied, please kindly click the Green ACCEPT button.
Joshua :
Have you contact them in any way to date please?
No only received the notice yesterday.
Joshua :
Thanks. Providing you have not admitted to being the driver you can safely ignore the ticket and any request to name the driver regardless of whether you were the driver or not. They need to be able to prove who the driver was at the time of the incident.
Joshua :
Parking fines in private car parks are based on contract and there is no requirement in law for you as a driver to disclose the identity of the driver. Without this admission the parking company cannot take any further action as they need to have somebody to actually sue - namely the driver for breach of contract.
Joshua :
If you refuse to identify the driver, that's where the matter ends notwithstanding that they will no doubt send you a number of increasingly threatening reminders including potentially empty threats that they will obtain a Norwich Pharmacal Order to order you to disclose the identity of the driver which seems to be a new favourite of theirs or a threat that they will obtain an order for disclosure which the court is very unlikely to grant as it is a small claims court action and courts are not ready to grant such orders in such matters as a rule. Eventually though they will give up as they know the above just as well as you now do.
Joshua :
The position is different the Council issued and police issued parking fines which can be enforced through the courts but unless you identify the driver for a parking fine issued in a private car park, then in practical terms, the ticket is unenforceable
Joshua :
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

I have been asked to look at this.

Are you asking if you should pay?
Customer: replied 3 years ago.


Expert:  Jo C. replied 3 years ago.

I just need about 10 mins to type out an answer if thats OK?
Expert:  Jo C. replied 3 years ago.
This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.
A private land firm is not an emanation of the state. It does not have the right to punish you for the manner of your parking any more than your neighbours do.
This is essentially an invoice arising from a civil dispute. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract.
Private land fines used to be very easy to escape by refusing the details of the driver. They only have a contract with the driver. Unfortunately the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable for the penalty if he does not disclose the details of the driver within 28 days.
All that means is that the claim runs against the registered keeper. It just makes it easier to find the person against whom there should be enforcement.
The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.
If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that. They have no claim for that.
Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.
Also, they will have to prove that they have suffered loss. They may be able to claim a very small amount in administration costs but it is going to be the sum they are trying to claim from you.
They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.
Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer £5 for their loss.
Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.



Thank you for your reply


So ensence the most I woul have to pay £95.00 origna;l ( although £57 if I apply within 14 days which is tomorrow) + £35.00 court cost if I lose + £5 losses. Totalling £135.00.

So its up to me if I pay the £57.00 in the unlikely event that they take me to court.

What are there chances of winning?



Bernie K



Expert:  Jo C. replied 3 years ago.

No, worse case scenario is that you would have to pay the sum of the original fine plus £35 in costs and about £50 in solicitors fees.

Best is that you would just pay £5 plus about £35 in costs and £50 in solicitors fees.

There isn't a huge chance of being sued but the chances of winning are about 50/50
Customer: replied 3 years ago.



Just to let you know that following my appeal and call to them at Toys R Us (who own the site) G24 have waved the charge due to receipts I sent to them showing I was legitimate shooper and not there fro parking only.

I guess they are a more resonable orgnisation than the comments on the internet give them credit for. I kept the receipts because there are some items which form part of a guarentee, just as well.


Thanks for you help on this matter.


Buy the way do you know how long left I got to ask more questions on possibly other subjects. I have temporarliy signed off for now.




Expert:  Jo C. replied 3 years ago.
Oh yes, they are. The comments about them on the internet are wildly exaggerated. They have a perfectly valid claim in breach of contract against people who park there without paying. They just have one that is hard to enforce.

Glad it worked out anyway.

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