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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 10479
Experience:  Solicitor
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After some legal advice re parking charge notice on private

Customer Question

Hi after some legal advice re parking charge notice on private land
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 10 months ago.

Can you please explain your situation a little more?

Customer: replied 10 months ago.
I received a parking charge notice back in may 2016 from UK Parking Patrol LTD. I appealed the case with them which they rejected. I arrived at the car park to find both machines out of service and not accepting certain coins. They don't accept phone or card payments and I didn't get an answer when I rang the number on the signs to inform them of the machine not working. I decided to go an get money out of a local cash machiene and get change to which I returned and successfully paid for a ticket 13 minutes after arriving. They informed me that their grace period is only 10 minutes. So with going 3 minutes over I was hit with £100 fine. I refused to pay and was sent to appeal with the IAS as below...The adjudicator made their decision on 16/06/2016 08:18:42.The Operator has provided evidence of the signs at the site, which make it clear any driver parking without displaying a valid ticket will be liable to pay the parking charge. The Operator has also provided photographic evidence of the vehicle parked on land they manage, in close proximity to a sign advertising the terms, and without a valid ticket displayed. I am therefore satisfied there is a prima facie case the charge is lawful.The Appellant claims the machines were not working, but they have provided no evidence to support this claim. Even if I accept as a fact the ticket machine was faulty and did not issue a parking ticket when money was inserted does not entitle the driver to park on this site. The signage clearly displayed on site requires the driver to display a valid parking ticket and if the driver does park without such a ticket then the driver is deemed to agree to pay the charges as displayed in the signage. The driver always has the option of parking elsewhere if the machine is faulty and does not issue tickets. In addition the signage makes reference to a help line number if a motorist is having difficulties with any aspect of the process.The appeal is dismissed.You completed the appeal on 07/06/2016 12:12:37.With regards ***** ***** above I would like to appeal on the following grounds...1) On arrival both tickets machines were stuck on 'Transaction in progress' with the red error light flashing as the attached image. I tried numerous times to pay with the coins I had. It wasn't accepting certain coins. There was not the facility to pay by card or over the phone.
2) On deciding to go and get more money out of the nearest cash machine to change you will note the Barclays bank has now closed down. The cash machine at Govin news was out of order on this date as they will confirm. The next available cash machine is the HSBC on oxford road which if you google the car park to the cash machine takes 12 minutes to walk one way.
3) Having taken out money and got it changed I returned to the car park to buy a ticket. Both machines still displaying the error message. As you will see from the CCTV it took me 5 or 6 attempts and a numerous concoction of coins meant I finally purchased a ticket. - Which as the claimant states is 13 minutes after they issued a ticket. Numerous other consumers faced the same issue and there was another chap in a ford transit van that was taking up issue as he had the same issue of being placed with a ticket when going to get more change.
4) The fact that I purchased a ticket surely proves the length I went to buy one! These machines are not fit for purpose and only allow people to pay by specific coins some of which they still don't accept. You cannot use a note, card or pay via phone.
5) I really wouldn't risk a £60-£100 fine for a mere £1.50 ticket. I'm appealing this as I feel this is a matter of principle and my getting the ticket wasn't for lack of effort in trying to actually buy a ticket.I look forward to hearing from you.Peter Hunt
-------------------------With the second appeal denied I attempted to pay the fine. The UK Parking Patrol LTD website was hacked and not working and there was no answer on their phonelines. It wouldn't allow me to pay online. I never heard anything more from them. Fast forward almost 2 years and I've now received a 'Letter before claim' to the value of £118.48 threatening legal action
Expert:  Jamie-Law replied 10 months ago.

What is it you want to ask me? The appeal was not successful. It won’t stop you presenting your case in court if they want to claim from you.

Customer: replied 10 months ago.
What is the best way to respond to this latest correspondence they've sent two years later? They've inflated the price by nearly £80. I attempted to pay at the time and couldn't. Should I just ignore it and see if they take it to court?
Expert:  Jamie-Law replied 10 months ago.

I would just say you refuse to pay and wish them to issue a claim.

You can then argue the case in front of the Judge who may or may not find for them.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.