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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 74533
Experience:  Over 5 years in practice.
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Received a parking ticket from Indigo, my husband had paid

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Received a parking ticket from Indigo, my husband had paid for parking over the telephone but entered the incorrect location code (he entered the parking bay number). We received a parking Penalty Notice and attempted to launch an appeal as we had proof of payment. We emailed contacted them via email and received an automated response back stating that we needed to ensure we had included all relevant information such as reference number, car registration etc. We heard nothing for 4 weeks then received a Debt Collection Notice for £170.00. I contacted the company by telephone and they stated they had received no email. When checking the email address I had inadvertently missed out an 1 letter and had emailed***@******.*** instead of***@******.***. They state that they cannot find original payment and as we entered the email address we are liable to pay £170.00
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: It was in South Croydon Station but payment was made through Indigo shows on our statement as Brighton, on our American Express statment it shows payment was made to Brighton Connect which is Indigo and relates to Brighton Station
JA: Do you need to appear in court?
Customer: Not yet but will do if we don't pay £170.00
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think thats it thank you

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.

are you willing to go to court?

Customer: replied 3 months ago.
Not really
Customer: replied 3 months ago.
I just paid £26.00 to speak to you now I have received another message to pay £43.00 for a phone call

I'm not sure what you asking?

If you cannot risk being sued then what are you hoping to do about this?

Customer: replied 3 months ago.
I am trying to find out my legal rights and if I did take it to court what I need to do

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.
If they do sue you state that we will only be liable for the sum of the fine is that the initial £60.00 or the £170.00 they are now demanding plus and additional £80.00 to cover costs. I would be willing to pay those additional costs but have heard horror stories of paying in excess of £1000.00. Also they state that they cannot find any evidence that we paid as payment comes out as Brighton Connect although after googling this it shows that it is for Indigo.

usually they are the people who have racked up over 100 fines.

Customer: replied 3 months ago.
OK thank-you.

No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 3 months ago.
Than you

All the best.

Jo C. and 3 other Traffic Law Specialists are ready to help you