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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 74240
Experience:  Over 5 years in practice.
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I visited my Daughter who lives in a private block of flats

Customer Question

Hi, I visited my Daughter who lives in a private block of flats in Balham London and who has a parking permit. I parked my car in the car park, made my way to her flat which took a few minutes as I am a blue badge holder with mobility issues with a view to return to the car with her permit. Within minutes my Daughter saw an attendant near the car and rushed down to speak to him but was told the ticket had been issued and that she would have to appeal even though she offered to immediately show the permit. She appealed the ticket but was told after five days that the appeal was invalid as she was not the car owner. I then called the company, explained who I was and the circumstances of the appeal and was assured the appeal was being considered. My Daughter then received an email after 23 days to say that the appeal was invalid and that there was a 21 day deadline for an appeal so when I re-appealed at 23 days it was dismissed as it was beyond the 21 day deadline. I subsequently made a non standard appeal through with the companies trade body but this has also been dismissed. I feel I wasn't wrongfully parked since my Daughter has a permit, I feel I am the victim of unfair practice being now asked to pay £100 which has doubled due to the withholding of the information about the 21 day deadline until 23 days after the notice was issued.
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Balham London Private block of flats car park
JA: Do you need to appear in court?
Customer: not yet they are just asking me to pay the £100
JA: Anything else you want the lawyer to know before I connect you?
Customer: I did send pictures of the permit and my blue badge
Submitted: 3 months ago.
Category: Traffic Law
Expert:  Jo C. replied 3 months ago.

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.

Expert:  Jo C. replied 3 months ago.

Is this a private land fine?

Customer: replied 3 months ago.
it is
Expert:  Jo C. replied 3 months ago.

Thank you.

This is a private land fine. There is a good of nonsense on the internet about private land fines. The truth is that they always did have a perfectly valid claim in breach of contract against those who do not pay or park at variance with their terms and conditions. The issue was that it was not very cost effective for them to sue. It still is not.

They used to sue almost nobody but they are becoming more aggressive now largely because they have lost control of the industry and can only regain it by suing those who don't pay. The chances that they will sue remain very low though so the risk is not great.

If they do sue, you can plead your case and may well win. If you don't win then you will only be liable for the sum of the fine plus about £25 in court costs and £55 in fixed solicitors costs. If you pay it off within 28 days of judgment then it will not show on your credit file.

You do have the option of putting them to proof on the adequacy of signs though. That may well succeed.

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
Thank you for this which is fine for now.
Expert:  Jo C. replied 3 months ago.

No problem and all the best.

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