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
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?
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