How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14820
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I was issued with a Parking Charge Notice for £100 or £60 if

Customer Question

I was issued with a Parking Charge Notice for £100 or £60 if paid within 14 days in a residential block of flats when I visited a family me member. There were no markings or signs regarding how to park.
JA: Where are you? It matters because laws vary by location.
Customer: London Neasden
JA: What steps have you taken so far?
Customer: I appealed to the Parking Control Management with a copy of the visitor's permit I provided and it was rejected
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 16 days ago.
Category: Law
Expert:  JimLawyer replied 16 days ago.

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.

Expert:  JimLawyer replied 16 days ago.

A parking fine results from breach of contract so either you do not display a permit in a parking area, or you do not pay for a ticket (or you do but you over-stay).
There should be signs in place, as this is a contract - they have to bring your attention to the parking restrictions otherwise it can considered to be an unfair contract (and hidden terms, etc).
My view is if there are not markings or signage, you would be justified in refusing payment of the fine for that very reason.

If they refuse to drop this, they may try debt collection attempts. Debt collectors are not bailiffs - they have no powers as such. They will simply try to collect the money their client thinks you owe. You can turn them away if you dispute the debt and they visit you - they can’t enter your home and take goods. They would report back to their client they were unsuccessful and it’s then up to their client whether to take matters further.

They will send a letter before action to you if their debt collection attempts fail - which is required under the pre action protocol to give you the chance to avoid court action. They usually give you 14 days to pay before they will take civil court action.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help.

You should not ignore the court papers as if you do, the claimant will apply for judgment in default meaning they win and you would not be allowed to defend the claim.

A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

If the claim has no merit (it would not have merit if there was no signs displayed or markings, etc) then you have an option (after your defence is filed) to apply to strike the claim out. The court will consider an application if the claim has no merit, or is misconceived.

You should first invite the claimant to voluntarily discontinue their claim within 7 days if it gets to this point - tell them if they don't then you will apply to strike out and seek your costs if you are forced to do so. If you have no response or they reply and refuse then you could apply to strike out.

The application costs £255 but this is recoverable if your application succeeds. If you are on a low income, have low savings or in receipt of benefits then you can ask the court to waive the court fee. If you won the application, the claim is struck out.

The hearing (if the case gets that far) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record. But certainly I think you would succeed in a defence, just to be clear.

I can assist you going forwards if it gets to the point they issue a claim.

Expert:  JimLawyer replied 16 days ago.

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

Expert:  JimLawyer replied 16 days ago.

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

Customer: replied 16 days ago.
Is it advisable to appeal to the IAS as it was suggested in the appeal rejection letter?
Expert:  JimLawyer replied 16 days ago.

You could do that, yes. I was giving information in case they escalate and try debt collection methods or even a small claim - but yes, anything which could potentially avert an escalation is a wise move in my view.