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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 78679
Experience:  Over 5 years in practice.
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I have had letters from Debt Recocery Plus saying I haven't

Customer Question

I have had letters from Debt Recocery Plus saying I haven't paid a parking fine from Euro Car Parks Ltd. My vehicle was parked longer than the maximum stay. Over the last few months the debt amount has steadily gone up, threatening legal action and an affect on my credit score. After looking at peoples experiences and opinions online, I rang them today and refused to pay the fine and they said they couldn't do anything. I have emailed Euro Car Parks Ltd to inform them of a change of address. What should I do?
JA: Where is this? And when did the issue begin?
Customer: In a Wetherspoons car park in Cardiff, the parking charge date is 13/03/20
JA: Do you need to appear in court?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 13 days ago.
Category: Traffic Law
Expert:  Jo C. replied 13 days 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 13 days ago.

Are you asking if you are liable to pay?

Customer: replied 13 days ago.
do I have to pay the charge? I feel that £145 for under an hour over stay is excessive. I also would rather pay the company than DRP
Expert:  Jo C. replied 13 days ago.

Thank you.

You can obviously appeal but bear in mind the answer below.

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.

They have been emboldened by the case of Beavis which you can view here

https://www.youtube.com/watch?v=aFIH1Vwu1DM

Although all that really does is confirm that £85 is not excessive.

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.

They do have an appeal option called POPLA. I have never heard of much success from them although apparently they do uphold many appeals. Their decision does not determine whether you will pay anyway. The order of the court does.

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. You need to make this offer in writing heading “without prejudice”. Mark the cheque “full and final settlement” and take a photograph of both sides of it. If they cash it then there is a pretty overwhelming argument that settles the claim.

You could appeal to POPLA to use their discretionary grounds to cancel though.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 13 days ago.
I can pay the fine or go to court?
Expert:  Jo C. replied 13 days ago.

Thatreally depends upon how much risk you want to take but I would never pay them

Customer: replied 13 days ago.
Thank you
Expert:  Jo C. replied 13 days ago.

Noproblem.

Allthe best.

Hopefully, Ihave answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

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

Expert:  Jo C. replied 11 days ago.

Just like with an appointment inreal life, or a job interview, a follow up is good practice: "Thank youagain for visiting JustAnswer, please let me know if you need me to clarifyanything or if you have any additional questions-I am happy to help!” Or if thecustomer is already satisfied: “I am glad I was able to help. Have a great day.