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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 82123
Experience:  Over 5 years in practice.
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Please could you offer some advice on a Parking Charge

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Hello, please could you offer some advice on a Parking Charge Notice. The letter arrived today, but at a previous address. They obviously got my details from DVLA, but I have moved since then, and have just updated my address details.
JA: What location was this in? And have you consulted a local lawyer?
Customer: This is in Scotland, at a retail park - Tesco Silverburn I have not as yet contacted a local lawyer
JA: Was a citation issued? Was a court date set?
Customer: Can you explain what you mean by citation? no court date
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Is this service talk 1-on-1 free?
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.

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 10 days ago.
Hello Jo, I know that part of my situation was logged by the solicitor's assistant, but I would like to further explain...
Customer: replied 10 days ago.
The PCN was issued in Scotland - Tesco Silverburn, retail park.
Customer: replied 10 days ago.
Horizon Parking, who are the private parking company say I'm in breach of their terms and conditions of using the car park.
Customer: replied 10 days ago.
This alleged breach happened on the 20th of July. The maximum period of stay in the car park is 2 hours, and they have pictures of my car entering and leaving the car park showing the time being over 2 hours
Customer: replied 10 days ago.
The thing is, we have an electric car, and go to Tesco to charge it, only ever park in the EV bays
Customer: replied 10 days ago.
The terms and conditions don't explicitly say how long you are allowed to charge your car
Customer: replied 10 days ago.
We are regular customers at Tesco and feel upset at this happening, as we only ever go to Silverburn to shop at Tesco and use the EV chargers.
Customer: replied 10 days ago.
The PCN notice issue date is 28th of July, whilst the date of the alleged breach is 20th July, and the letter arrived at my parent's house only today (3rd August) where we formally lived. So, I don't know if I have 14 days to pay the reduced amount, or only 7 days?
Customer: replied 10 days ago.
Do I have any grounds to appeal the Parking Charge Notice?

/who is the issuer please?

Customer: replied 10 days ago.
Horizon Parking
Customer: replied 10 days ago.
I have just come back from Tesco and asked in store at customer services how long can you charge an electric vehicle for...

Are you asking if are you liable?

Customer: replied 10 days ago.
She replied that you can stay longer than the maximum period charging your car, if you give the customer services desk your registration
Customer: replied 10 days ago.
I am asking if I have good grounds to appeal the PCN
Customer: replied 10 days ago.
She replied that you can stay longer than the maximum period charging your car, if you give the customer services desk your registration... However, there is no signage around the EV bays that says this, and she said that the signs are old and need updating
Customer: replied 10 days ago.
This system of giving your registration number to customer services has been in effect for 6/7 years she said. However, there are no signs saying this. Should I appeal to Tesco about this also, to try and get them to cancel the parking charge notice?

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.

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.

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 10 days ago.
Thank you very much Jo. I will read over what you have written carefully, and if I have any further questions, may I just post them on here to you?
Customer: replied 10 days ago.
Jo, does it matter that they sent the PCN to an old address?

No, its private land.  Its a non issue I'm afraid.

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,

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