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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75277
Experience:  Over 5 years in practice
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I went to a shop in Belper and was too late to shop there.

Customer Question

I went to a shop in Belper and was too late to shop there. Having walked around and being told they were closed I returned and drove off. I was there only 15 minutes. I have received a parking charge of £100 pound which I have (unsuccessfully) appealed. I am now receiving letters from DCBL demanding £170. I am not in debt and could afford to pay but am adamant that this is unfair. What are my rights in this situation please.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Hello I have not spoken to anyone about this. I live in Chesterfield UK
JA: What steps have you taken so far?
Customer: I have appealed through POPLA without success. I have done nothing since
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 13 days ago.
Category: Law
Expert:  Jo C. replied 13 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

are you asking if you have to pay this fine?

Customer: replied 13 days ago.
I really want to know what my options are. I do not think that paying £170 to stay 15 in a free car park is fair.
Expert:  Jo C. replied 13 days ago.

Who is the issuer please?

Customer: replied 13 days ago.
Parking eye
Expert:  Jo C. replied 13 days ago.

Thank you.

 

This is a private land fine. There is a good of nonsense on the internet about private land fines. The truth is that they always did have a perfectly valid claim in breach of contract against those who do not pay or park at variance with their terms and conditions. The issue was that it was not very cost effective for them to sue. It still is not.

 

They used to sue almost nobody but they are becoming more aggressive now largely because they have lost control of the industry and can only regain it by suing those who don't pay. The chances that they will sue remain very low though so the risk is not great.

 

If they do sue, you can plead your case and may well win. If you don't win then you will only be liable for the sum of the fine plus about £25 in court costs and £55 in fixed solicitors costs. If you pay it off within 28 days of judgment then it will not show on your credit file.

 

You do have the option of putting them to proof on the adequacy of signs though. That may well succeed.

 

Alternatively, you can offer them £10 in full and final settlement. If they cash it then there is a pretty overwhelming argument that settles the claim.

 

Can I clarify anything for you?

 

Jo

Customer: replied 13 days ago.
Thank you, that is most helpful
Expert:  Jo C. replied 13 days ago.

No problem and all the best.

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