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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 78654
Experience:  Over 5 years in practice.
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I havr recieved a parking charge notice from Eurocar psrks

Customer Question

I havr recieved a parking charge notice from Eurocar psrks on 20/07/2020 for £70.00when I took my phsically and mentally Disabled 23 years son. I am single mother ( his father died when he was 2 years) tthe dentist in Millway Medical Centre in Mill Hill, We live in North Finchley very close to a health Centre which they have carpark. I do not know Why they sent me to Mill hill.
JA: Because laws vary from place to place, can you tell me where this is?
Customer: I could finish it. I pressed the wrong key and sent it to you. b
JA: Do you need to appear in court?
Customer: Now they charged me £140.00 and they said if you do not pay , we are going to get to court. My problems are that I am Hard of hearing and my speaking is not good people do not understand me , when they get to court I do not hear the thing.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I could not pay the lawyer and I can not get help because my flat worth £ 25000.00
Submitted: 9 days ago.
Category: Traffic Law
Expert:  Jo C. replied 9 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 9 days ago.

Are you asking if you are liable?

Expert:  Jo C. replied 8 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.

Jo

Expert:  Jo C. replied 7 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!”