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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I have just had my appeal! to Euro car parks turned down for

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I have just had my appeal! to Euro car parks turned down for reasons I gave. Situation is that I and my wife joined our family from Broughty Ferry on the first Sunday of August at City Quay for Sunday lunch ( we now live in Perth ). Driving in we saw a sign for pay and display and went in and parked near the restaurant and as we are used to paying by cards or contactless, we did not have sufficient small change to pay in cash soI had to download the app and then paid by my credit card! Think that we stayed parked for about 2 hours and have sent proof of this along with the receipt for our family one course meal to Eurocar parks. They in their reply state that as that site is camera controlled we overstayed our time on their premises.by about 25 minutes. I know it took me about 12 minutes to download the app and pay , the other minutes I feel were because I did deviate leaving the parking spot looking at a few of the new items at city quay.I along with others my Broughty friends tell me received my invoice for a fine of £100 for overstaying the time I had paid for. I have now to appeal to POPLA. and wonder if I am wasting my time as I did not understand that there were cameras in that area and that I did in fact pay for what I thought was my parking time? Could I offer to pay further 1 hour of parking for what they think is my mistake. I look forward to receiving your help. Thank you. Mr R McRae.
JA: Where are you? It matters because laws vary by location.
Customer: I used to live in Broughty ferry but retired to Perth quite a few years ago.
JA: What steps have you taken so far?
Customer: I used my rite of appeal to Euro car parks but their response is that I outstayed the time I was on their premises and therefor turned down my appeal.
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 feel guilty that as it is a long time since I have been in city quay and that I did not know three were cameras that actually checked you time! I am a law abiding citizen and feel that if had seen info at the parking spot re cameras, I might have paid for an extra hours parking at the outset to cover any mishap.I wonder if I have the legal right to now repay the extra £1.20 such an extra hours parking would have cost. As I have stated ,Euro have had copies of the restaurant bill and the parking fee I paid.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

A parking fine results from breach of contract. If someone uses a parking area which is subject to charges, you enter in to a contract when you enter the car park area. If you do not pay, or do but over-stay, they are entitled to fine you.
You say you saw a pay and display sign in place - you allegedly overstayed by 25 minutes, which is the breach of contract they will rely upon.
You could argue against it - I note your arguments and I cannot say whether those would curry favour with a civil court judge or not. I would say it's a case of 50/50 whether a judge would think your conduct was reasonable or not as the case may be. Nothing is guaranteed in litigation - it would be a small claim so there is no real risk of any costs if you lose. You could defend the claim and it would take several months - if you lost you still get 30 days to pay before it ends up on your credit record.
You could make them an offer to settle - they are unlikely to want to issue a claim at court over this sum of money. You have no further right to pay the extra £1.20 as the breach of contract has already occurred which triggers their right to fine you unfortunately. There is no harm in communicating with them and perhaps making an offer to settle, to avoid having to go through the small cliams process.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

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Customer: replied 11 days ago.
Thanks for your help. I will now pay the £60 they ask for within next 14 days!

No problem, many thanks