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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13369
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

Thanks for offering to help me. Today I received a notice to

This answer was rated:

Hello. Thanks for offering to help me. Today I received a notice to pay a parking charge from a debt collecting agency acting on behalf of Parking Eye. I overstayed a 2 hour parking outside a retail park by 30 mins - I am autistic and neither knew that some parking contract had apparently been agreed, nor did I keep track of time as I was fully engaged in the DIY shop planning to decorate my home, which took some time. I went through the appeal procedure with Parking Eye, to no avail. I believe I should not have to pay this (now increased) charge. I have spoken to my GP regarding the extreme stress this has caused me. Your advice would be welcome. William.
JA: Do you need to appear in court?
Customer: It hasn't reached that stage yet, just the DCA letter, which says they will advise PR to take it to court if I do not pay (£155).
JA: Anything else you want the lawyer to know before I connect you?
Customer: I wrote a letter to PE explaining the situation but they continue their standard tactics. The car park involved is always half-empty when I visit the shop, and I had no idea that a company managed it at the time. I normally have shorter visits. I offered to pay a small normal parking rate of a few pounds for the overstay period, they declined, so I withdrew the offer. My mental health had declined due to this (in my view) totally unreasonable situation. I spend 2.5 hours in a 2 hour par cark while totally engrossed in a DIY shop. I also sent them a receipt (date only, not monetary amounts, to show I bought from the shop.
Customer: replied 7 days ago.
Hello, I've sent the relevant documents and 1 photo of part of a purchase receipt . Will await your reply.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Did you see the signs?

Customer: replied 7 days ago.
No. I simply parked and entered the DIY shop, like on many previous occasions. I was unaware of parking eye signs, as I generally don't look around to read signs unless I'm in a pay and display car park and thus need to pay at the parking ticket machine. I only became aware of PE interest after they sent me their first letter demanding payment of a parking charge.

Are there signs up?

Customer: replied 7 days ago.
Hi. Thanks for the offer but I prefer email method of contact.
Customer: replied 7 days ago.
On my next visit to the location I saw that signs were present, and I photographed them... However, as I am autistic, I am usually just focussed on my own activity, and don't generally observe my surroundings casually or randomly unless its relevant to my main purpose (in this case going into a DIY shop to begin to redecorate my home). I can send you a photo of the car park signs present, taken on a visit after I got my first letter from PE.
Customer: replied 7 days ago.
Hello Jamie. Here is the DCA letter I received today, which prompted me to seek your help.

Ok, the problem is if you refuse to pay, they can take you to Court.

They will show the signs are up. As such the Judge is bound to find that you are in breach of the terms.

You say there is no contract, but sadly there is. They offer to let you park for the period and in accordance with the terms.

By parking there you agree to the terms. This was upheld in a Supreme Court decision see:

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

Therefore sadly appears you do need to do a deal and pay something.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest

Can I clarify anything for you about this today plaese?

Customer: replied 7 days ago.
Hello Jamie. Ok thanks for your input. The point I may want to raise is the reasonableness of their assumption that signs are read and agreed to if a person is initially unaware of such schemes, and the fact that I have a tendency to become self-absorbed and unaware of the passage of time due to autism. I could easily have made sure I didn't stay over two hours had I been aware of the limit (which I wasn't , despite presence of signage). Their losses under a 'breach of contract' are practically zero, and they just want to make money to pay their land rent etc. As far as I am concerned, I didn't knowingly enter into a contract, and for over staying 30 mins, they appear to be determining how long shoppers get to spend in the shop. I am inclined to contest this matter.

Ok. Can I assist with anything else today

Customer: replied 7 days ago.
This parking issue was the pressing question for today. Thanks for looking into it for me and outlining the likely best route to take. I am likely to see if they take it to court, and defend my position there. Thanks for your help today. I will leave other matters for another day. Have a good weekend. Will.

Thanks. I am sorry its not better news.

All the best. If I could invite you to rate me 5 stars before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.

Jamie-Law and other Law Specialists are ready to help you