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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 82097
Experience:  Over 5 years in practice.
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I have received a Bailiff letter for non payment of a

Customer Question

I have received a Bailiff letter for non payment of a Highview parking fine, but I have never received a letter or a parking ticket from Highview
JA: Because traffic laws vary from place to place, can you tell me what location this is in?
Customer: Viceroy Parade, Shenfield
JA: Was a citation issued? Was a court date set?
Customer: The only thing I have received is a Bailiff letter. It is the first I heard about it
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. I just have a bailiff letter
Submitted: 8 days ago.
Category: Traffic Law
Expert:  Jo C. replied 8 days ago.
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.
Expert:  Jo C. replied 8 days ago.

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.


Customer: replied 7 days ago.
thanks. I am logging off now, but can be contacted on email ***@******.*** or mobile: 07887 634948
Expert:  Jo C. replied 7 days ago.

Sorry, I need to know if they have a CCJ against you.

Customer: replied 7 days ago.
I hope not. The only thing I have received is a Bailiff letter saying I need to pay £170 for unpaid parking fine. I have never been given or sent a parking fine for this
Expert:  Jo C. replied 7 days ago.

If these are bailiffs, then you do have a CCJ.

Have you checked?  Its important.

Customer: replied 7 days ago.
You took out the £5 already. I checked my account. I’m not paying £43 to speak to you. That wasn’t agreed
Expert:  Jo C. replied 7 days ago.

No, but neither was a phone call for £5.

Expert:  Jo C. replied 7 days ago.

So I can do this online.

Customer: replied 7 days ago.
Are you saying you can’t help unless I pay more than the £5 that I have paid? Sorry
Expert:  Jo C. replied 7 days ago.

Please can you read my posts.

This is covered.

Customer: replied 7 days ago.
Ok seen re the ccj. I will have to check. I would be surprised as parking ticket was supposed to have been for 7/6/22 and I have not had any correspondence for a parking ticket or ccj. Just a letter thrithe post from dcbl bailiffs.
Expert:  Jo C. replied 7 days ago.

Thank you.

You can obviously appeal but bear in mind the answer below. Do bear in mind though that if you get a large number of fines the claim against you improves.

As to the identity of the driver. This used to be the way in which private land fine claims fell. They had to identify the driver. Unfortunately the protection of freedoms act came into force in 2012 which creates a presumption that the registered keeper is the liable person if he does not name the driver within a specified period of time . To be honest there were 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 land fines. The truth is that they always did have a perfectly valid claim in breach of contract against those who do not pay or park at variance with their terms and conditions. The issue was that it was not very cost effective for them to sue. It still is not.

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

They have been emboldened by the case of Beavis which you can view here

https://www.youtube.com/watch?v=aFIH1Vwu1DM

Although all that really does is confirm that £85 is not excessive.

Expert:  Jo C. replied 7 days ago.

If you were entitled to park there then you could always argue that they suffered no loss even if they do sue.

If they do sue, you can plead your case and may well win. If you don't win then you will only be liable for the sum of the fine plus about £25 in court costs and £55 in fixed solicitors costs. If you pay it off 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 them although apparently they do uphold many appeals. Their decision does not determine whether you will pay anyway. The order of the court does.

You do have the option of putting them to proof on the adequacy of signs though. That may well succeed.

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

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

Expert:  Jo C. replied 7 days ago.

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 7 days ago.
Ok thank you for your help. We shouldn’t have parked there apparently, but we had no fine or parking ticket sent through, just the bailiff letter in the first instance. No option to pay the fine or appeal. The bailiff letter was the first we knew anything about it.Very annoying
Expert:  Jo C. replied 7 days ago.

Yes, I understand.

Expert:  Jo C. replied 7 days ago.

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.

If you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JoC

Thanks again,

Expert:  Jo C. replied 7 days ago.

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.

If you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JoC

Thanks again,