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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 80252
Experience:  Over 5 years in practice.
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I got parking ticket by euro car parks at Lombardy Retail

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I got parking ticket by euro car parks at Lombardy Retail Parks (1) Hayes
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Lombardy Retail Park (1) Hayes
JA: Do you need to appear in court?
Customer: They send me final notification letter with my outstanding balance £100/- now
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: They did not send my any letter before with basic fine

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.

What can I do for you?

Customer: replied 17 days ago.
I got parking ticket from euro car parks

Are you asking if you are liable?

Customer: replied 17 days ago.
Yeah
Customer: replied 17 days ago.
Can I appeal or challenge my ticket

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 inwhich private land fine claims fell. They had to identify the driver.Unfortunately the protection of freedoms act came into force in 2012 whichcreates a presumption that the registered keeper is the liable person if hedoes not name the driver within a specified period of time . To be honest therewere 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 landfines. The truth is that they always didhave a perfectly valid claim in breach of contract against those who do not payor park at variance with their terms and conditions. The issue was that it was not very costeffective for them to sue. It still isnot.

They used to sue almost nobody but they are becoming moreaggressive now largely because they have lost control of the industry and canonly regain it by suing those who don't pay. The chances that they will sue remain very low though so the risk is notgreat.

They have been emboldened by the case of Beavis which you canview 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 wellwin. If you don't win then you will onlybe liable for the sum of the fine plus about £25 in court costs and £55 infixed solicitors costs. If you pay itoff 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 themalthough apparently they do uphold many appeals. Their decision does not determine whether youwill pay anyway. The order of the court does.

You do have the option of putting them to proof on theadequacy of signs though. That may wellsucceed.

Alternatively, you can offer them £10 in full and finalsettlement. You need to make this offerin writing heading “without prejudice”. Markthe cheque “full and final settlement” and take a photograph of both sides of it. If they cash it then there is a pretty overwhelmingargument that settles the claim.

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

Can I clarify anything for you?

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.

Jo

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 17 days ago.
Cancel my phone call request
Customer: replied 17 days ago.
Please cancel
Customer: replied 17 days ago.
Please cancel my phone call request

No problem.  You can get a refund on the call by emailing here***@******.***

Customer: replied 17 days ago.
Please cancel my phone call req
Customer: replied 17 days ago.
Please cancel my phone call request as we have already paid our ticket.
Customer: replied 17 days ago.
I did not accept anything

Please read my post