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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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Private parking ticket - no ticket received at any time,

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private parking ticket - no ticket received at any time, first contact last week from solicitors demanding £160
the solicitors say that their client wrote to me and If I did not received their letters it is for me to prove that I didn't receive them!
please advise

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you.

I would write to them as follows:

- Say this is a spurious demand for money for which they have provided no evidence. The burden is not on you to prove you do not owe the money it is on them to prove they have demanded;

- Say that it is a criminal offence to unlawfully harass someone for money under S.40 of the Administration of Justice Act 1970;

- Say you are appalled that a regulated professional would so freely abuse their position and if they do stop chasing you, you will report them to the solicitors regulation authority for their conduct.

If they sue you, you will have to respond to the proceedings.
I look forward to hearing from you.
Kind regards AJ

Customer: replied 1 year ago.
I'm all for using tactics to get a desired result but I can't see how this approach will help my position?
The solicitors are simply carrying out their clients instructions so how can threatening them help?
Although I have not received a ticket my vehicle was parked in the car park in question on the day in question though It was not parked there by me.
From my online research it seems it may be possible to argue that the fine is excessive - £100 for staying more than 90 mins. This amount is discounted if paid with a certain period, I've forgotten exactly what the solicitor said.
I can accept that the offence o course but I have not received any communication from the company so not even been given the opportunity to make payment. Also as I was not the driver of the car I could not possibly have agreed to any terms and conditions of parking their!
And also the level of fee / fine is totally disproportionate to any possible damage or loss that the car park own could have incurred due to the car being parked for longer than the arbitrary maximum stay.
Please advise on the above, my objective is to either avoid the fine altogether or pay as little as possible and to get the whole over and done with.

Hi. Thank you for your response. You are not allowed to demand money from someone without having proof the money has been incurred. If they do not provide evidence that the debt even exists (or you illegally parked for that matter) then I would not recommend getting into a discussion as to whether it is excessive. By doing that you are potentially acknowledging that you committed the parking offence - if you do not believe you actually illegally parked anywhere and they cannot prove that you did illegally park, then it would be better to challenge the validity of actually claiming the debt. I would also note that just because the solicitor is acting on their clients instructions they cannot just pursue a case this is not supported by evidence. I look forward to hearing from you. Kind regards AJ

Customer: replied 1 year ago.
According to their letter The vehicle was observed on camera entering and leaving the car park! And a parking charge notice WEL231312 was issued.
Having looked up the company UKCPS on line I fear that they will issue proceedings against me. I believe that my vehicle was parked in the car park on the day in question for longer than the max time allowed. My objective is to minimise the liability and hassle here please advise accordingly.

Hi, Thank you. If you want to make an offer without admitting liability - why dont write to them and say that while they have not provided actually evidence of the offence you, are prepared to make an offer (without admission of liability) of say £80. Say you believe the charges are excessive and if they continue to press this issue, you may be forced to report the matter to local Trading Standards? Kind regards AJ

Alex J. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Relist: Answer quality. im looking for legal advice on how best to minimise or avoid any liability arising from a private parking ticket. It seems from info on line that the company that issued the ticket are often successful at enforcing them legally. I am seeking advice based on the facts of my case i fear that if I do not take action quickly that they will take legal action as they have already instructed solicitors!!!