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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 82110
Experience:  Over 5 years in practice.
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II visited the hotel back in March for your wedding fair.

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Good afternoon,
II visited the hotel back in March for your wedding fair. When entering the venue, I was asked to input my registration plate details into the tablet at the front desk. I did so as to ensure I did not park 'illegally'. However, I later received a letter a week or so later stating I hadn't and I had a £60 fine. I appealed this fine straight away and for about four months did not receive any response.At the beginning of July, I was sent an email from Ridings Recoveries, stating that I had not paid and now I faced a bill of £170 for late payment. As I was never told the outcome of my appeal, I queried this and they said that I should have chased it after 28 days as per their terms and conditions. They then sent me the appeal notice for someone else (another customer of yours). This data breach is a massive concern to me as it makes me worried that other customers emails, registrations and names may have been shared too. When I highlighted my concerns with the company, they didn't acknowledge any responsibility and said that the customer had entered these details and therefore it wasn't an issue.They then sent me my appeal - which was unsuccessful. This was due to human error on my part (I entered my registration details slightly incorrectly as YO18 TGN). I accepted this and explained that I would accept the original £60 but due to not hearing the result of the appeal I would not be paying the full amount as had I received my appeal result my fine would have been £60. Additionally, I explained that they had made errors on their part in sending me the details of someone else and not sending me my appeal outcome (like they claimed to have done).The whole situation has caused me massive stress and anxiety. What should have been a lovely afternoon out at a wedding fair has resulted in a lot of sleepless nights and hassle. I understand the parking company is a separate entity to yourselves but I hope that you will see how this situation has impacted on one of your customers and seek to help me find some support or advice moving forward and resolving the situation.
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
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 6 days ago.
Hi, the message above is an email I sent to the hotel where I received the question. This outlines the situation I am in.

Who is the issuer please?

Customer: replied 6 days ago.
ARDpark

Are you asking if you are liable?

Customer: replied 6 days ago.
what are my rights/ chances of a successful outcome?

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 6 days ago.
Thanks that’s very helpful

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