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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71159
Experience:  Over 5 years in practice.
Type Your Traffic Law Question Here...
Jo C. is online now

I regularly park in the Peel Centre Car Park, Stockport.

This answer was rated:

Hi, I regularly park in the Peel Centre Car Park, Stockport. I do not keep hold of my tickets. I have today received a court summons for unpaid parking tickets going back two years!. This is the first I have heard from Excel Parking Services Ltd. I have
not received any correspondence prior to this. They have also only provided dates on when I was apparently in the Peel Centre Car Park, Stockport, which I assume they have got from the cameras there. They haven't provided anything in the form of photos or
video to back up their claims. I need to defend this but am not sure how to respond? Please help! Thanks in advance Dave
Do you dispute the allegations?
Customer: replied 2 years ago.
Files attached.
Customer: replied 2 years ago.
Hi Jo, Yes I do.
On what basis?
Customer: replied 2 years ago.
I had purchased a ticket on every occasion. The problem is I didn't keep them as it was so long ago, so not sure where I stand on this?
That is a defence then.
Whether or not it would succeed is another matter. It would seem this is likely to go to court because of the high number of fines.
If you are prepared to defend this then you can run this on that basis. You can also ask them to prove adequacy of signs although that isn't particularly consistent with saying that you did purchase a ticket.
They will have to prove to the civil standard that you didn't have a ticket. You are taking the risk though that they can.
This is only a small claims court sum so even if you lost you would not end up paying a huge volume of costs.
Can I clarify anything for you?
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.
No that's great, thanks Jo!
Customer: replied 2 years ago.
Hi Jo,I need your help again please.I've had some correspondence back from the other side. Can you take a look?I've attached it in a zip file.A couple of questions;1. If I lose this will I get a CCJ against my name?
2. I actually moved out of my address in mid 2012 which the correspondence is addressed to, so could I argue that I've not had a chance to respond because they haven't kept their records up to date?Also, I don't expect this for free so please can you tell me how I would make another payment?Thanks
I can't see a zip file.
1 Yes, but if you pay it off within 28 days it will not show.
2 Yes, but it depends whether or not you gave them the new address.
Customer: replied 2 years ago.
Sorry the site wont let me add files. You can see them here;
Customer: replied 2 years ago.
2. No I didn't provide them a new address
That is blank for me as well. Might be my fault.
Do you want to just tell me what the response is?
I suppose they are writing back threatening fire and brimstone?
Customer: replied 2 years ago.
Ah its working now.2. I didn't know they had sent correspondence as its my Dads address.
What would you like to know about this please?
Customer: replied 2 years ago.
Do you think that I can win based on them not sending the information to the correct address?
No, not really.
You might be able to get any judgment set aside for a short time on that basis but no more. The plain fact remains that you didn't tell them.
Customer: replied 2 years ago.
Ok. One last question. Do you think they have a strong case?
Private land companies have always had a reasonable case. There is a good deal of nonsense on the internet about how their fines are 'unenforceable'. The reality is that they were always enforceable but they were hard to enforce.
They have a case that isn't really cost effective for them to sue over.
If it does get to court then you can always put them to proof on adequate of signs and sometimes they are found lacking but it is not likely to get to court because it costs more than it is worth.
Customer: replied 2 years ago.
Great thanks Jo! How much do I owe you?
It is fine. I would do this as a free follow up. It is on the same topic.
All the best.
Customer: replied 2 years ago.
Much appreciated! Thank you Jo!
No problem.