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Stuart J
Stuart J, Solicitor
Category: Traffic Law
Satisfied Customers: 24601
Experience:  Senior Partner at Berkson Wallace
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I have been issued with a penalty notice for not complying

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Good morning I have been issued with a penalty notice for not complying with private parking. I am 77yrs old and suffer terrible anxiety. This was parking on a private car park. I began to panic so I rang the bank to see if payment had been made it was a machine to put your card in. The bank confirmed that a 60p amount went out to St johns park east birmingham on the 6th of Sept I parked and paid on the 3rd of Sept the machine spat out a ticket that I displayed in my windscreen. I did appeal as best I could I merely told them that I had paid and the bank confirmed it went to their company on the 6th so I told them to check their paper work and not frighten old ladies however on the 10th Sept I received an email to say my appeal wS declined. I am now very scared as I'm on pension credit and can't afford to pay out a penalty of £100 or £60 if I pay in the next 14 days shall I pay this will cause me great hardship or fight it again I can't afford the cost getting bigger regards ***** *****
JA: Where are you? It matters because laws vary by location.
Customer: Birmingham B17 0pd
JA: What steps have you taken so far?
Customer: This a private car park managed by enterprise parking
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 have appealed to enterprise parking via email and explained I checked with the bank and the 60p fee went out to them on the 6th Sept. But they have turned down my appeal saying not enough evidence

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Was this a pay by phone car park?

and you have paid this fee as it shows on your bank statement and they have declined your appeal for 'lack of evidence' - is this correct?

Customer: replied 8 days ago.
It was not a phone it was a machine that you slotted your card in and put car reg in and your card pin number yes it is showing on my bank statement the 60p and name of car car park I have not seen a bank statement I am going to get a copy today. I don't bank online so will have to go to the bank.
Customer: replied 8 days ago.
I have just had a note from PayPal to say they have taken £44 when I started this I thought I was going to get a free 30 mins then they charge me £5 now £ 44 I can't afford these fees I am on pension credit please go no further and refund the fees sorry thank you *****
Customer: replied 8 days ago.
I have just checked my PayPal account and £44 doesn't appear to be taken so if you wouldn't mind going ahead but if this takes more than 30 mins and I am going to incur further fees please stop. I'm sorry I get in a muddle with tech and I can't afford any more fees

Believe it or not, I have never yet actually known anyone appeal one of these private land charges and have the appeal succeed.  They are just greedy bloodsucking leeches these companies and why the government passed legislation (only in England I might add!)  To allow these charges to be levied against the driver, I have no idea.  Don’t blame me, I don’t vote governments in because I don’t trust any politicians.

I disagree that there is not enough evidence because why else would you pay 60p to buy something on a card?

I would write back to them and tell them you have no intention of paying anything, they should now issue Small Claims Court proceedings which you will defend on the basis that you can prove you paid on the day and therefore your liability them has been discharged and that in the light of such overwhelming evidence, notwithstanding it being Small Claims Court, you will ask the court to order all your costs against them.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 8 days ago.
Thank you so much for your advice I have read since yesterday very bad things against this company a lady charged penalty for not paying and she was a blue badge holder and badge was displayed she appealed sending picture of badge but still her appeal was declined it doesn't say if she went as far as court. This is what I'm worried about going that far and I'm not good clever with counter arguments and still not winning at that point I lose opportunity to get a 40% discount. I'm so scared so with your experience and past knowledge would it be prudent to pay up and forget it.? If I didn't win a court case I would incur more costs and lose the discount. I must say it goes against the grain to pay them money to just go in their pocket when I have done nothing wrong. Is it worth appealing to popla are they any more logical. Again if I take the appeal to them I lose the discount. In their email declining my appeal they state I can not talk to them again. Would you in my situation age and finance go as far as small claims court. Finally I hate to mention it but would you confirm I am not going to be charged a monthly fee of £ 50 how do I opt out. Many thank Beatrice

That’s how these bloodsucking leeches pondlife scum make money with people like you who are scared of the consequences and they pay up because they don’t want to have a court argument.

It’s up to the court judge whether he allows the extra charges if it does go to court.

By all means appeal to POPLA although I have never yet known an appeal to them work either.  However you lose nothing.

If you are worried about losing the discount, then if you have lost the discount, and you want to pay to get rid of it, pay the original sum by cheque saying that this is in full and final settlement of all claims they have and that by the action of cashing it they agree to accept it and if they don’t, they should return it to you, and issue court proceedings which you will defend.

I have never yet known them turn down the original amount.

If you are doing that at some late stage (before court proceedings are issued!)  Mark the letter Without Prejudice Save as to Costs and then they cannot produce it in court as any evidence that you admit anything.

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