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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75721
Experience:  Over 5 years in practice
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I was issued a fine claiming it was parked in a private land

Customer Question

Hello, I was issued a fine claiming it was parked in a private land area, although council map shows that the road belongs to council and there are no yellow lines or signs restricting the parking. My appeal has been rejected by the company that issued the fine. What can I do?
JA: What state was the citation in? And have you consulted a local attorney?
Customer: State as which council?
JA: Do you need to appear in court?
Customer: Not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Do I have a case to argue really?
Submitted: 6 days ago.
Category: Law
Expert:  Jo C. replied 6 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.

Expert:  Jo C. replied 6 days ago.

Who is the issue please?

Customer: replied 6 days ago.
Hello, thank you for taking to answer my question. The parking fine was issued by ParkDirect UK
Expert:  Jo C. replied 6 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 6 days ago.
It's all comprehensively explained although their initial charge was £100. When I appealed to them they dismissed it. And then ignoring my evidence they passed it on to the credit recovery agency who is claiming they will advise them to file to court.
Customer: replied 6 days ago.
The agency is trying to recover £160 now and based on all the evidence they shouldn't have issued it in the first place. The land the vehicle was parked on belongs to the Bedfordshire council.
Expert:  Jo C. replied 6 days ago.

Yes, so?

Expert:  Jo C. replied 6 days ago.

Did you have a further question?

Customer: replied 6 days ago.
I am very confused by the process. Does it mean the private company can go to civil court and not magistrates court? And how does it affect my file as I do not want any ccj recorded on my name. Thank you
Expert:  Jo C. replied 6 days ago.

They can only sue at the small claims court. This is not a criminal matter so they cannot go to the magistrates court.

Please read my answer above re CCJs.

Customer: replied 6 days ago.
Thank you. So at this stage I can still write to the original issuer to revise my evidence? Or what would you recommend? Many thanks
Expert:  Jo C. replied 6 days ago.

I would just ignore them. If they sue then you defend yourself at court.

Customer: replied 6 days ago.
Thank you
Expert:  Jo C. replied 6 days ago.

 

No problem and all the best.

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