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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 78675
Experience:  Over 5 years in practice.
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I have just received a parking charge notice from euro car

Customer Question

I have just received a parking charge notice from euro car parks for being overtime, I did not realise there was a time in this car park and store I was in mainly (I have receipt) say they can’t help
JA: What state was the citation in? And have you consulted a local attorney?
Customer: No, I was asking whether I should appeal this notice as I believe I may have been around 15 minutes over
JA: Do you need to appear in court?
Customer: Not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 10 days ago.
Category: Traffic Law
Expert:  Jo C. replied 10 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 10 days ago.

ARe you asking if you are liable?

Customer: replied 10 days ago.
I am asking whether I should appeal
Expert:  Jo C. replied 10 days ago.

Thank you.

You can obviously appeal but bear in mind the answer below. On your specific point, it doesn’t really matter whether or not you were aware of a time limit if they did erect sufficient signs to bring that to your attention.

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 10 days ago.
Customer: replied 10 days ago.
Ty
Expert:  Jo C. replied 10 days ago.

No problem.

All the best.

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

Remember that I am always available tohelp with your questions. Even if I am in Court I will usuallypick up a question within 12 hours. For future information, please start yourquestion with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Expert:  Jo C. replied 10 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!”