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Marcinlondon
Marcinlondon, Solicitor
Category: Law
Satisfied Customers: 578
Experience:  Qualified Lawyer - 8 years experience
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I STOPPED ON A SHARED DRIVEWAY IN PENRITH BETWEEN A

Customer Question

I STOPPED ON A SHARED DRIVEWAY IN PENRITH BETWEEN A MACDONALDS RESTAURANT AND AN NFU BUILDING BECAUSE I WAS LOST AND HAD TO MAKE A PHONE CALL TO THE HOTEL. I DID NOT LEAVE THE CAR, PARK IN A BAY OR WAS I THERE FOR NO LONGER THAN 3 MINUTES. I HAVE BEEN PURSUED FOR A YEAR ON THIS MATTER BY DCBL. PLEASE ADVISE IF I AM LIABLE FOR A CHARGE JUST BY ENTERING THE DRIVE?
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: NO! ENGLAND.
JA: What steps have you taken so far?
Customer: I FILLED IN A FORM WHICH SHOULD HAVE GONE TO ARBITRATION BUT IT LOOKS AS THOUGH IT HAS GONE FROM THE PARKING FIRM TO A DEBT COLLECTOR!
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I TOLD THEM THAT I WAS LOST AND WAS NOT AWARE THAT I WAS CAUSING ANY HINDERENCE WITH MY HAZARD LIGHTS ON AND NOT TAKING UP A PARKING SPACE!
Submitted: 15 days ago.
Category: Law
Expert:  Marcinlondon replied 15 days ago.

Hello, this isCustomerand welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online.

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Please do note that my response is not instantaneous but I will always aim to get back to you on the same day with my answer, or request more information, if appropriate. Lastly, please note that our discussions on this site is for general information purposes only and do not replace any legal advice you might need, and does not create a lawyer-client relationship.

Thank you for your patience whilst waiting for my answer.

Expert:  Marcinlondon replied 15 days ago.

I am sorry to hear about this. It depends on the conditions of parking set out by the company in questions. If you did not "park" then you could have a valid case. It is important now to reject the debt if you do not agree with it and appeal it - just set out the reasons you gave me with relevant evidence.

Customer: replied 15 days ago.
AS I SAY I WAS ACTUALLY IN THE SHARED DRIVEWAY ! WHO OWNS THE LAND? AM I BREACHING THE RULES BY CROSSING THE THRESHOLD EVEN THOUGH THE SINAGE NOT SEEN AT THE TIME BECAUSE OF THE ANGLE DRIVING IN AND IT JUST SAYS PRIVATE PC NOTHING ABOUT FINES. ONE LETTER I REQUESTED IF TAXI DRIVERS, DELIVERY VANS AND SAY POSTMEN WERE FINED FOR CROSSING THE TRESHOLD?
Customer: replied 15 days ago.
I WOULD PREFER TO KEEP IT WITH THIS METHOD
Expert:  Marcinlondon replied 15 days ago.

I see. Then it seems to me that you may have a good case. Appeal in writing to the parking company and reject the collection agency's demand to pay.

Customer: replied 15 days ago.
I'M NOT FINISHED! I NEED TO KNOW IF I AM LIABLE FOR A FINE IF I HAVE STOPPED ON A SHARED DRIVE. IS IT LEGAL FOR A PARKING FIRM TO SAY NOW AFTER HAVING PREVIOUSLY SAID I WAS PARKED, THAT JUST BY CROSSING THE THRESHOLD I AM DEEMED TO BE PARKED?
Expert:  Marcinlondon replied 15 days ago.

As I said, you need to refer to the terms and conditions of parking and find out if your case would fall under it. Feel free to ask as many follow up questions as you wish. I will help to the extent I can.

Customer: replied 15 days ago.
NO PLEASE RESPOND TO MY QUESTION
Customer: replied 15 days ago.
PLEASE ANSWER MY QUESTION!
Expert:  Marcinlondon replied 15 days ago.

Can you please clarify what exactly you do not understand?

Customer: replied 15 days ago.
Please answe my question!
Expert:  Marcinlondon replied 15 days ago.

As I have stated, you need to tell me what you want me to clarify. If you breached the terms and conditions of parking, you are surely liable. You need to refer to the terms and conditions and if you believe that you have not breached them, just reject their claim with your reasons.