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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 81100
Experience:  Over 5 years in practice
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Do i have to pay the excess parking if appeal rejected by

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Do i have to pay the excess parking if appeal rejected by land owner and the IAS
JA: Where are you? It matters because laws vary by location.
Customer: Sc**thorpe UK
JA: What steps have you taken so far?
Customer: email with reason parking in the wrong bay. Appealed to the IAS but that appeal was also rejected as not take my account into consideration. Not backed up with my evidence
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: fine 60. if pay within 14 days pay full if appeal . so appealed but do not wish to pay full of 100.00 as feel held to ransom if appeal. I have obvs. appealed as stated. Paid 60:00 but they say i now owe 40.00

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.

Customer: replied 12 days ago.
I was fined for parking but appealed to land owner and tben appealed again to the IPA. That was rejected as would not take my events for parking there into consideration.
If not appealed cost me 60.00 but held to ransom to pay 100.00 for appealing. I have paid today the 60 but they now say want the additional 40...do i have to pay this .
Customer: replied 12 days ago.
If pay you 44 then i might as wdll pay fine of 40..just needed to know do i have to pay tbe extra 40.00
Customer: replied 12 days ago.
Also need to speak someone in the uk.
Customer: replied 12 days ago.
Can this company cpms ltd take me to court for £40.00

Are you asking if you are liable?

Customer: replied 12 days ago.
I guess i am

Thank you.

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

As to the identity of the driver. This used to be the way inwhich private land fine claims fell. They had to identify the driver.Unfortunately the protection of freedoms act came into force in 2012 whichcreates a presumption that the registered keeper is the liable person if hedoes not name the driver within a specified period of time . To be honest therewere cases even before that the did a similar thing

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 12 days ago.
Thanks will bear all that in mind and await to see if get a debt collectors letter from them

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.

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