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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 75278
Experience:  Over 5 years in practice.
12826847
Type Your Traffic Law Question Here...
Jo C. is online now

Back on the 02/09/19, i paid a 00.50p fee to use a Smart

This answer was rated:

back on the 02/09/19, i paid a 00.50p fee to use a Smart parking car park. I input my reg number, when walking back to my car I realised that only the first digit of my reg number had printed. (i was aware of lots of problems of using this car park, so i called them on the number given on the board. After 25 mins of waiting (which i have proof, m as i took screen shots on my phone), once the person answered, I was told that there was nothing she could do and I would have to go on line and appeal. I did this asap as i didn't want a fine!!! however on the 10/10/19 i received a parking charge notice and was told I would have to pay the £100.00 charge!! not happy, I tried to talk with them and they couldn't help me even though I have paid my 50p. I spoke with my local councillor who has taken such matters in hand and still waiting response, to have received a letter from the debt recovery plus people with a further fine of £170.00 for not "insufficient paid time"
JA: What state was the citation in? And have you consulted a local attorney?
Customer: Please can you help in with this as they are a shark company in my opinion.
JA: Do you need to appear in court?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I just feel very unhappy that this continues to happen with local resi

Hello,

 

How many hours was the 50p valid for and when did you leave the car park?

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.

Alternatively, you can offer them £10 in full and final settlement. If they cash it then there is a pretty overwhelming argument that settles the claim.

Can I clarify anything for you?

Jo

Customer: replied 10 days ago.
I shall try and call them again and offer the £10.00 if that’s what you’re advising me.

Well, if you want to avoid the risk of going to court. but don't panic about their threats.

Customer: replied 10 days ago.
To be honest, it’s the principle, as there have been about 249 other people who are being mistreated due to there inadequate machine,

Yes, I understand. It is not a big risk even if you do go to court.

Customer: replied 10 days ago.
Ok I’ll call them and let you know

There is no point in calling them.

Like i said, make an emailed offer or ignore them.

Customer: replied 10 days ago.
Ok I will email 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 10 days ago.
Ok thank you, I will

Welcome.

Customer: replied 10 days ago.
JoC, They will only except £144.00
Due to recovery fees,

Yes, of course. Like I said. Please read my answer again.

Customer: replied 10 days ago.
Can you resend please

I am not able to copy and paste on this device but it is in my original answer. You should never have made an offer over the phone and it was never what I suggested

Customer: replied 10 days ago.
Oops,
Customer: replied 10 days ago.
I called to get the email address to start with. I’ve now emailed. Let’s see what happens now. Thank you for your advise.

no problem. just ignore them unless you get a court summons

Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 75278
Experience: Over 5 years in practice.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 10 days ago.
I hope it want effect my credit if I ignore them. They are such a rouge company