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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69683
Experience:  Over 5 years in practice.
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I am aware you probably get asked this quite a lot based on

Customer Question

Hello,
I am aware you probably get asked this quite a lot based on the results from a quick search on Google. But I'll ask anyway as there may have been changes to advice since regarding these matters. I received a charge notice from a ppc namely CP Plus requesting I pay a sum of £100 for an overstay at MOTO Wetherby. I have had correspondence in the past from a similar company called Parking Eye. I simply ignored it and I haven't heard anything since as at the time I understood that the "ticket" they issue is simply an invoice and is unenforceable by law. Are there any changes to policy regarding these matters I need to be aware of.
Thanks
Submitted: 3 months ago.
Category: UK Law
Expert:  Jo C. replied 3 months ago.

There have I'm afraid.

There was always a good deal of nonsense on these private land fines on the internet.

Expert:  Jo C. replied 3 months ago.

The law was changed in 2012 to make the registered keeper liable if he doesn't name the driver within 28 days. That did no more really though than plug up the gap that had previously existed allowing registered keepers to refuse to name the driver. In fact, there was caselaw in their favour anyway.

However, that has generally made them more aggressive. They had lost control of the industry previously. They are more willing to sue for that reason. They still do not sue in the majority of cases but far more than they ever used to.

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
What would be your advice for my next course of action then? Ignore it as I've done in the past. Or begin collecting evidence in order to dispute. For clarity. I arrived at the site at 22:19 and left at 01:59. So in effect I overstayed by an hour and forty minutes. I stopped after a very long drive and I had a further 270 miles to travel to my destination so I slept/ rested for a while.
Customer: replied 3 months ago.
It seem now like the only real grounds for dispute are connected the signage being unclear. Not that it wasn't visible or even there because I don't doubt it was. However who can read something in the dark, from in the car, at a distance while concentrating on actually driving. The signs don't state how much the extra charge is for staying beyond 2 hours or does it state how much the penalty charge will be if you fail to pay for the extra time.
Customer: replied 3 months ago.
They even have a picture of the sign on the notice. At the time at site though I don't remember even seeing any signs
Customer: replied 3 months ago.
Her is a picture of the sign shown on their charge notice
Expert:  Jo C. replied 3 months ago.

Are you willing to risk being sued?

Customer: replied 3 months ago.
Thats why im on here in the first place. I would like to know what the risk is? How likely is it that they will even sue in the first place. Should I get sued what's the likely amount we're talking about.
Expert:  Jo C. replied 3 months ago.

Probably about 50-50. It is not really possible to say. They used to very rarely. Now they do more commonly.

If they sue they will get the sum of the fine plus about £35 in costs and £55 fixed solicitors costs.

Customer: replied 3 months ago.
What would you do based on my circumstances?
Expert:  Jo C. replied 3 months ago.

I would ignore them but then I am happy to run the risk of being sued.

Some people are not.

It depends on your appetite for risk.