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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78655
Experience:  Over 5 years in practice
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I have had a parking eye charge notice arrive at my home

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I have had a parking eye charge notice arrive at my home dated the 13/10/2020 but The
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: the date in question is 26/01/2020 is this enforceable due to the length of time from the event to the notice
JA: What steps have you taken so far?
Customer: i live in the uk and I have looked this up to check if this is readable reasonable to do this
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Well I was their and I am certain I paid for the parking but I don’t remember back in January as it is now October we were not even in lockdown then so I find it strange they use this to suggest a backlog

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

How can i help please?

Customer: replied 7 days ago.
Hi Jo, I have had a parking eye charge notice for an event date they have said is the 26th January 2020. However, this parking charge notice is dated the 13/10/2020. They do have my car registration number in the picture but is it right they can still issue a charge some 10 months later? I think I paid the car parking but I doubt I have receipts to prove this now due to the time delay. The cost of the fine is £60 and I think it rather unfair at present to pay this plus we were not even in lockdown at the time so they cannot use this as mitigating circumstances on their part......more like poor administrative processes in my view. What are your thoughts?
Customer: replied 7 days ago.
Could you give me an ETA on when it is likely you will have a response back to me by so that I can consider my options and proceed from their

Are you asking if you are liable?

Customer: replied 7 days ago.
Jo, can they continue to chase me for a car parking event dated 10 months back and send me a charge in October expecting me to pay this?
Customer: replied 7 days ago.
FYI. I really cannot pay £44 for telephoning you so apologies for typing this backwards and forwards

Thank you.

I’m not sure whether I’m missing the point about delay? This is a private land fine company. They have 6 years to sue. The 14 day rule only relates to the presumptionsabout the registered keeper being the driver but then they can rely on the oldcase law.

You can obviously appeal but bear in mind the answer below.

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

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

They have been emboldened by the case of Beavis which you canview here

https://www.youtube.com/watch?v=aFIH1Vwu1DM

Although all that really does is confirm that £85 is not excessive.

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

They do have an appeal option called POPLA. I have never heard of much success from themalthough apparently they do uphold many appeals. Their decision does not determine whether youwill pay anyway. The order of the court does.

You do have the option of putting them to proof on theadequacy of signs though. That may wellsucceed.

Alternatively, you can offer them £10 in full and finalsettlement. You need to make this offerin writing heading “without prejudice”. Markthe cheque “full and final settlement” and take a photograph of both sides of it. If they cash it then there is a pretty overwhelmingargument that settles the claim.

Can I clarify anything for you?

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Jo

Jo C. and 3 other Law Specialists are ready to help you

I am glad I was able to help. Have a great day.