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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 79970
Experience:  Over 5 years in practice.
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Have a private parking ticket at my apartment recently. I

Customer Question

Have a private parking ticket at my apartment recently. I had the ticket displayed but they served a ticket because a part of the number was not very visible. Appeal to them was not upheld so they have sent it to a debt collections agency with additional charges.
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: I am prepared to go to Cc to argue my case but want to know the impact on my credit file if I lose and pay the Cc judgement
JA: Do you need to appear in court?
Customer: Watford UK
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I Don want to pay this debt collection so my option is to let it go to court.
Submitted: 11 days ago.
Category: Traffic Law
Expert:  Jo C. replied 11 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.

do you have permit parking?

Customer: replied 11 days ago.
at the apartment we are given annual resident permit. Ticket was issued the night of the beginning of the new year start.
Customer: replied 11 days ago.
I can't afford the £44 . I think I'll try citizen advice. Sorry.
Expert:  Jo C. replied 11 days ago.

we can carry on online - please give me time to reply

Customer: replied 11 days ago.
Ok thanks
Expert:  Jo C. replied 11 days ago.

Ok, who is the issuer please?

Customer: replied 11 days ago.
Sorry was driving, Met Parking I have an appeal number.
Expert:  Jo C. replied 11 days ago.

No problem.

Are you asking if you are liable?

Expert:  Jo C. replied 10 days ago.

Thank you.

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

As to the identity of the driver. This used to be the way in which private land fine claims fell. They had to identify the driver. Unfortunately the protection of freedoms act came into force in 2012 which creates a presumption that the registered keeper is the liable person if he does not name the driver within a specified period of time . To be honest there were cases even before that the did a similar thing

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

Customer: replied 7 days ago.
Thank you very helpful.
Expert:  Jo C. replied 7 days ago.

Good to talk to you.

No problem.

All the best.

Hopefully,I have 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.