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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 81693
Experience:  Over 5 years in practice.
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How are you? Not yet but I'm considering taking something

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Hi there - How are you?
JA: Do you need to appear in court?
Customer: Not yet but I'm considering taking something into court
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Customer: I've been issued a parking charge by a private parking company at our block of residential apartments for using the car charging facilities. The signage does not state any rules about the chargers, but does state that parked vehicles should display a permit. We do not have a permit, but are homeowners who would like to occasionally use the charging facilities at our block of flats.
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.
Customer: replied 4 days ago.
Hi Jo - nice to meet you. Thanks for your help - is there any more information I can provide?

Who is the issuer?

Customer: replied 4 days ago.
UK CPM
Customer: replied 4 days ago.
I've had an appeal with them rejected, but they provided no context as to the charging issue. It was just an automated email response it seemed which repeated what it said in the ticket.

Are you asking if you are liable?

Customer: replied 4 days ago.
I'm asking whether or not I have grounds to appeal the decision in court - there's no clarity on the charging issue, and I'd be happy to take them to court, but I want a 3rd party opinion on whether I'm likely to be successful.
Customer: replied 4 days ago.
In my view they have failed to provide sufficient signage / guidance on the chargers - happy to share some pictures if that's useful. Have you dealt with these types of charges in the past?

Sorry if I'm missing the point but I thought you said the signs said there needed to be a permit displayed?

Customer: replied 4 days ago.
They do but there's no mention of whether you need a permit to charge? We're homeowners at the block of flats, so I'm of the view (currently) that we have the right to use the car chargers without a parking permit - it's not a charging permit after all, and the bay used for the charging is not assigned to a specific flat it's a visitor one.
Customer: replied 4 days ago.
If the answer here is you're probably in the wrong that's fine just looking for some confirmation :)

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

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Sometimes I will get back to you very quickly, other times it's going to be longer and possibly hours or overnight

Please bear in mind that it takes me time to type answers and I also have clients and sometimes have to attend court so I may not get back to you immediately.

Well, it might be. It's difficult to tell upon this information. I can't immediately see any inadequacy of signs if you are saying that you did in fact notice signs that said you needed to display a permit. If you had a permit that I would be suggesting that you ignore them and defend it cause on the basis that you have caused them no loss but that doesn't seem to be what you are saying either.

Obviously though you can see if they sue you as they often don't. It is not very cost effective for them to sue over just one.

However I'm not sure that I understand your challenge properly

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 4 days ago.
Here's what it looks like on our parking lot - you can see the sign asks for a permit, the space isn't marked for a flat, and there is no mention of charging.
Customer: replied 4 days ago.
Could you give your view on whether you would say we have breached the contract that's been set out on the sign? Not sure whether you've had anything like this before which can act as a reference point

Well, if you didn't have a permit then you plainly did.

Customer: replied 4 days ago.
Ok thanks. I'll go ahead with paying the fine and work with our landowner to establish some rules around the use of the chargers.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me, with your legal problem.

Jo C. and other Traffic Law Specialists are ready to help you