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John LLB
John LLB, Solicitor
Category: Traffic Law
Satisfied Customers: 305
Experience:  8 years legal experience
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I have had some issues with a parking license. I bought a

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Hello
JA: Hello. How can I help?
Customer: I have had some issues with a parking license. I bought a parking license but got confused on the registration plate. This was completely my fault. The parking license was over 1 thousand pounds and though I accept i was completely in the wrong, I am now receiving daily fines of £100 for the period before the error was realized. This could reach as much as £800/ £900 pounds. I have now amended the registration plate and accept the issue was mine but feel the company are being completely unfair in saying they will not cancel these fines given i had intent to pay. If i let this go to magistrates court will I be able to defend this or will i risk incurring a bigger fine?
JA: What state was the citation in? And have you consulted a local attorney?
Customer: UK
JA: Do you need to appear in court?
Customer: i dont know
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

A bit confused. What parking licence and who was it paid to?

Customer: replied 5 days ago.
HelloApologies if I wasn't clear. I bought a ticket for over £1,000 for an annual pass from Oxted Station Car Park. I put this under the wrong registration plate. This was completely my fault. They have since changed the registration plate to the correct plate but are saying they will not cancel the fines for this periods. The fines are £100 a day and there may be as many as twenty coming. Though I was clearly very much at fault with the registration I had paid correct monies so it seems deeply unfair that they cannot recognize this and cancel fees.
faye

£100 a day for a genuine mistake, which solely relates to the input of the registration number and not the misappropriation of funds required for the licence itself which you actually paid for. I wouldn’t pay them a penny for this “fine”. Granted it is a lot of money which they are claiming from you it isn’t justified nor reasonable to do so. In order for them to successfully recover this from you, they would need to take you to court and let a judge decide.

But if we look at the legalities of this, this amounts to a breach of contract claim and with breach of contract the only recourse one can pursue would be the loss they incurred and ultimately they have not incurred a loss have they? As you paid, albeit just entered the incorrect registration by mistake. Therefore these fines have no legal basis. Not to mention it is an unfair contractual term because it creates a 'significant imbalance' in your position as the consumer, and you are protected by the Consumer Rights Act 2015. I would put this to them, and to advise they haven’t incurred a loss therefore there is no legal basis for their fines and I would take your chance in court, should it get that far because you have more than valid grounds for a defence and you certainly have rights pursuant to the Consumer Rights Act 2015.

I hope I have assisted, please take a moment to provide a positive rating for me. Kind regards, John.

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