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GabrielP428, Solicitor
Category: Law
Satisfied Customers: 455
Experience:  Expert
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I appealed a uk PC parking ticket got no reply and now have

Customer Question

Hi I appealed a uk PC parking ticket got no reply and now have a Debt recovery letter. I cannot use the ombudsman as its now in expired phase. what should I do
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 uk
JA: What steps have you taken so far?
Customer: I appealed by eamil but got no responce
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: 14 days ago.
Category: Law
Expert:  GabrielP428 replied 14 days ago.

Hi, my name is***** am a solicitor in England and Wales with 9 years of experience and have worked in the legal sector since 2008.

This service is not instant, so please note that I cannot always reply immediately due to other work commitments. I look forward to helping you with your legal problem.

If you would like a call to discuss this further, please let me know

A call is a premium service that includes an extra charge.

Expert:  GabrielP428 replied 14 days ago.

Hi, I am sorry to hear about this.

I assume this is a private parking site?

Customer: replied 14 days ago.
I dusputed it
Expert:  GabrielP428 replied 14 days ago.

Thank you.

What was the grounds of dispute?

Customer: replied 14 days ago.
1 the signage was about 12 feet up - 2 there were double yellows in the area but a large bay without where I parked - i emailed saying - not fair paly but recieved nothing back till a debt recovery plus letter today 3m later
Expert:  GabrielP428 replied 14 days ago.

Thank you for the information. Sounds like a classic private parking site. Poor signage. No instructions.

I can tell you that Judges do not like that. I won a few against parking companies because of poor signage and lack of instructions.

Private parking is a contract law issue rather than traffic law, which means it is easier to defend.

The contract is formed when you enter the land. From that point, the onus is on you to prove you haven't breached the agreement. They must provide clear instructions to customers on how to use the site. The signage has to be precise. The payment method has to be precise. If they fail on one of these points, you are unlikely to have breached the contract. You have a valid defence. I would not pay them a penny and let them take action against you. The most important thing now is to give them a valid address for service to ensure you receive a copy of the proceedings and stop them from obtaining a default judgment.

If they issue court proceedings, you will have 14 days to file a defence. Even if you go to trial and lose (very unlikely), you will probably end up paying less than what they are asking now.

The question would be whether there was sufficient signage to inform you that you should not park there without payment/permission. If the signage is non-visible or unclear, then you are ok. Their instruction has to be visible to drivers using the site.

I will send them one more letter, and that's it. You can use this template to send them the letter.

Dear sirs

We receive your letter of 04.01.22 regarding the above reference.

You will know your client's obligation to provide clear signage and instructions for persons visiting the site. There was no payment machine or explicit instructions on how payment should be made had we wished to park there. There is no breach of the contract on my part.

As a gesture of goodwill, we are prepared to offer £5 in full and final settlement of this matter. This is not an admission of liability but a meritorious offer to bring this matter to an amicable conclusion to save time and costs. If you decide to issue court proceedings, please be aware that we will vigorously defend them. Please ensure to serve any proceedings on the address below and send a copy by post within seven days of issuing them.

If you fail to do so and obtain a judgment against us, we will apply to have it set aside and ask the court to award us the cost of the application for our legal fees.

Meanwhile, should you wish to contact us, our address for service is as below. Should we not hear from you within 7 days of the date of this letter we will consider the matter closed.

Yours faithfully,

Customer: replied 14 days ago.
if it went to court and
the signage was clear but say 8 to 12 feet in the air
Yellow lines everywhere except where I parked
Are both of these or only one of these mitigating
Customer: replied 14 days ago.
Oh also that they did not respond to my email appeal
So I send that letter to where exactly - will I have to listen to their tel message or do you have access to a valid address for UKPC?
Expert:  GabrielP428 replied 14 days ago.

  1. Send ot to the address of the debt recovery and make sure to put their reference. 
  2. The signage has to be clear and readable from a distance. The content of the signage is also important. The fact there was no yellow line will help your case.  

Customer: replied 14 days ago.
got it thanks
Expert:  GabrielP428 replied 14 days ago.

You are welcome. I am happy I was able to offer some help. If you have further questions, please feel I hope I was able to offer some help. Thank you so much for using Just Answer.

If you have further questions, please ask them in this thread or you can open a new thread and mark it for my attention (GabrielP428) or choose me in the subject heading as your preferred expert from your membership page.