How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Traffic Law
Satisfied Customers: 26822
Experience:  Senior Partner at Berkson Wallace
11292137
Type Your Traffic Law Question Here...
Stuart J is online now

I’ve received a parking fine for parking in my sister in

This answer was rated:

Hello
JA: Hi. How can I help?
Customer: I’ve received a parking fine for parking in my sister in laws parking space which come s with her flat. We Appealed the fine 3 time via email. We not received any back stating the fine had been rejected are successful. We have received a letter now from a debt collection company stating we owe them £170
JA: What location was this in? And have you consulted a local lawyer?
Customer: it was in a car park which key coded entry is needed. I have not seeked advice from a lawyer
JA: Was a citation issued? Was a court date set?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

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.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Did you have a visitors permit?

can you tell me all the background to this matter please

Customer: replied 14 days ago.
We did not have a visitors permit. It’s a private car park with a key coded entry. We have parked there numerous times. I except we was parked there without a valid permit but obviously we have permission from the tenant who is parking space comes with her tenancy agreement. I have appealed via email twice. My sister-in-law who I was visiting has also appealed. Neither of us have received any sort of reply stating we have been unsuccessful with our appeal.

This will not be a fine. It will be a charge for parking. Only the local authority can issue fines on public land.

I can tell you now that appealing these to the parking charge company as a waste of time and although you can also appeal to POPLA that is a waste of time because although they allege that 40% of the appeal is upheld, in the last 12 years, I have dealt with hundreds of these and they have not yet known a single one be upheld.

You have basically got 3 options.

You pay them.

You tell them that you’re not going to pay them and they should take you to court.

You pay them a cheque of, say, half of what they want and hope that they cash it. It has to go with a suitable letter.

It doesn’t work the same way if you make an offer without sending the cheque because in the letter you tell them that by the action of cashing the cheque they accept it and that if they don’t accept it they should send it back. The cheque in the hand is better than an argument which they may not win.

Put any offer in writing and at the top of the written offer put the words

“Without Prejudice Save as to Costs “

and then, they cannot produce it in court as any kind of evidence that you accept liability or any admission.

It applies if it's a genuine offer to settle and doesn't bind you to pay that sum or any sum at all UNLESS the other side accept it because once they accept it, then you are bound by it.

Alternatively, tell them that you’re not paying anything that your defences this that and the other and that they should take you to court.

Prior to Covid these hearings were face-to-face and it was not financially viable for the parking companies to take people to court if the people defended the action, even if the defence failed. They would not recover enough money to cover the day in court.

However since Covid these claims have been done over the telephone so the parking company person can simply stop drinking tea, deal with the telephone meeting and then get on with the rest of their day so it is financially viable now but they still have to deal with all the paperwork which is why they will often take 50%. Prior to Covid they would have taken 10 quid usually.

Remember however that nothing comes with a guarantee.

I can let you have the wording of the letter for a nominal extra fee. As I said earlier, it works nine times out of 10 with no guarantees. If they have issue court proceedings, then they will want court fee on top of that. For that reason, never ignore these.

I will submit a premium services proposal for you (optional extra) to give you the wording of the letter.

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

Stuart

Customer: replied 14 days ago.
They have offered me to set up a payment plan. But aske me to send all proof of my income as I told them am f Financially struggling at the moment with cost of living et cetera. Would you recommend offering them a payment I’ll say £100 and asking them to close the case.

I would be very surprised if they didn’t accept that.

But send a cheque, don’t just make an offer.

I can let you have the wording of the letter for a nominal extra fee. You would then have the letter for all future occasions if ever you get one of these in Sainsbury’s or suchlike.

I will submit a premium services proposal for you.

Stuart J and other Traffic Law Specialists are ready to help you
Customer: replied 14 days ago.
I’ve paid for the letter Stuart. I’ll make them an offer for half the amount as you advised.

I need your email address please.

Customer: replied 14 days ago.

You got mail. Please come back to me with any queries on here. I don’t monitor the email address, it’s only for sending documents. Thank you.

Customer: replied 14 days ago.
Would you recommend posting the letter and cheque together Stuart are email the letter and post the cheque separately

Don’t send them separately. Send them together in the same envelope because sometimes the cheque will be grabbed and banked by the staff who don’t even read the letter but nonetheless, it’s still binding.

Customer: replied 13 days ago.
Thanks Stuart. I’ll send recorded delivery aswell.

Good plan