How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71157
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

I visited my daughter on 8th May, parked up, and went up to

This answer was rated:

I visited my daughter on 8th May, parked up, and went up to her flat to say hello. I took a resident/visitor parking permit back to my car, only to find that I had been issued a parking ticket. I have been involved with corresponding with pcm, the parking control company; appealed their rejection, and the IAS also rejected my appeal. My grounds are that I was entitled to park. Their rejection was that I did not display quickly enough. I strongly feel that I do not owe them the £100 that they are now demanding. The flat is rented to my daughter through an housing association, and I therefore assume that the car park is private land. I would appreciate your advice.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

Firstly, can they legally pursue me for payment?

Secondly, they are issuing a threat to sent debt collectors, which is not acceptable; I want to argue my case in court.

Thirdly, should I just give up, and pay them £100, even though I firmly believe that they are not entitled to payment.

On your specific points.
1 Yes, they have a perfectly valid claim in law. What they have though is a claim that is not particularly cost effective to enforce.
2 Yes, they are perfectly free to use debt collectors.
3 That depends really on the level of risk you want to take.
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 arising from an alleged agreement whereby you agree to park for a fee. 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. That is what is in dispute.
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.
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.
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 a small amount for their loss.
Hope this helps. Please let me know if you need more information.
Jo C. and other Law Specialists are ready to help you