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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 74795
Experience:  Over 5 years in practice.
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I received a fine for stopping on an access road to a car

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I received a fine for stopping on an access road to a car park for 4 mins as I was lost, I then subsequently then carried on driving down the access road a paid for a parking ticket. I appealed the fine with the company which they dismissed and I have appealed with IAS and that has also been dismissed. Before paying the fine ,have I got a case to take the matter further ? Thanks
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Sandhills Car Park, Instow , Devon
JA: Do you need to appear in court?
Customer: No Sorry do not understand the question
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No Sorry do not understand the question

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

what would you like to know about this please

Customer: replied 5 days ago.
What would happen if I refuse to pay this fine ?
Customer: replied 5 days ago.
Can we not continue this on chat as I have already paid £5 for a trial !
Customer: replied 5 days ago.
If I appoint a solicitor to contest this fine on the grounds it was unfairly issued , would I have a case ?
Customer: replied 5 days ago.
Are you still there ? as I am not going to pay £44 for a phone call

Who is the issuer please?

Customer: replied 5 days ago.
The company is Direct Solutions for Parking Ltd

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?

Customer: replied 5 days ago.
So to clarify , if I do nothing , I just wait for them to sue ? Is that correct. Thanks for this.

Yes, and the chances are low that they will but they could.

Customer: replied 5 days ago.
Thanks for yiye advice and will be back in touch if
Customer: replied 5 days ago.
Thanks for your advice and will be back in touch if they do.

No problem and all the best.

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