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Jo C.
Jo C., Barrister
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i entered a car park on a retail park in scotland on a sataurday

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i entered a car park on a retail park in scotland on a sataurday night after the stores were closed and overstayed by 35 minutes and my wife the regitered keeper has recieved a parking charge notice for £85 from a company called Parking Eye
is this enforceable and does it need to be paid
Submitted: 12 months ago.
Category: UK Law
Expert:  Jo C. replied 12 months ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Have you admitted being the driver yet?
Customer: replied 12 months ago.

FOR JOMO1972


no , i just received the notice today.


no letters or phone made

Expert:  Jo C. replied 12 months ago.
Thanks.
This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.
A private land firm is not an emanation of the state. It does not have the right to punish you for the manner of your parking any more than your neighbours do.
This is essentially an invoice arising from a civil dispute. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract.
If you are in Scotland then the Protection of Freedoms Act does not apply so you could still just refuse to name the driver. They only have a contract with the driver not the registered keeper.
The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.
If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that. They have no claim for that.
Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.
Also, they will have to prove that they have suffered loss. They may be able to claim a very small amount in administration costs but it is going to be the sum they are trying to claim from you. Their loss would seem to amount to no more than about £5.
They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.
Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer £5 for their loss.
Hope this helps. Please let me know if you need more information
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64456
Experience: Over 5 years in practice.
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