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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 79544
Experience:  Over 5 years in practice
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I have received a parking notice, how can I contest it

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i have received a parking notice, how can I contest it without admitting liability?
JA: Where are you? It matters because laws vary by location.
Customer: Newcastle upon Tyne England
JA: What steps have you taken so far?
Customer: Nothing, i have been told to ignore it, but it has now been handed to a debt recovery agency who have added to the cost. It is a private organisation, PCS.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: At the time I was parked here I was sitting in the car for around 15 minutes and never left the car. Apparently I was parked in permit holders only space, I did not notice the sign as I was upset after visiting my mother in law in her care home. I took a few minutes to compose myself and make phone call to a family member. I have check on the internet and the photograph they have sent me does not meet legal requirements. It could me in any carp park or on my own drive. I feel very cross and upset there was no intention to do anything thing wrong and now I feel I am being bullied and minipulated.

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.

Who is the issuer please?

Customer: replied 14 days ago.
Parking Control Solutions

Oh Ok. Are you asking if you are liable?

Customer: replied 14 days ago.
I don't think I am liable, I think I made a mistake and now I am being exploited do I need to pay the charge?
Customer: replied 14 days ago.
I dont want to talk the moment as I cannot afford to pay £44. My husband has just lost his job and we are having a very difficult time at the moment. I was just looking for some simply advice on how to proceed with this?

Thank you.

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.

You could appeal to POPLA to use their discretionary groundsto cancel though.

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

Customer: replied 14 days ago.
Can you tell me what POPLA is please? Are you saying that I can offer a one off payment, are they likely to accept that?
Customer: replied 14 days ago.
Would I need to employ a solicitor if they take me to court? I have no idea how these things work, sorry but I am very worried about the prospect of being taken to court. Are they likely to send a bailiff to my house?

No, that isn't what I said.

They are not likely to accept it but they might.

No, you wouldn't need a solicitor. Like I said, this is a small claims court matter.

Customer: replied 14 days ago.
Ok thank you for your help. It is very much appreciated.

Good to talk to you.

No problem.

All the best.

Hopefully,I have 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.

Remember that I am always available to help with your questions.Even if I am in Court I will usually pick up a question within12 hours. For future information, please start your question with ‘For Jo C’.You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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