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metropark say they issued a ticket on my car 28.10.10 no ticket

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
  • Positive Feedback: 95.8 %
  • Accepted Answers: 2731
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in UK Traffic Law

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Customer Question

metropark say they issued a ticket on my car 28.10.10 no ticket found on car. sent charge notice on26.04.11 with photo i appealed saying my daughter lived in flat i was parked in her space with permit photo is ambigius as it was late at night recieved notice of rejection saying no permit was clearly displayed i disagree what now

Submitted: 619 days and 18 hours ago.
Category: UK Traffic Law
Value: £22
Status: CLOSED
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Expert:  Jomo1972 replied 619 days and 18 hours ago.


Have you admitted being the driver yet?

Customer replied 619 days and 18 hours ago.

yes

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Expert:  Jomo1972 replied 619 days and 18 hours ago.

Thats a shame. You would have walked away from this with nothing if you hadn't.

What did you say on that point exactly?

Customer replied 619 days and 18 hours ago.

my daughterlives in flat 80 miss wilton 01923 371743. her parking space no 285 where car is parked permit always used as can be seen in photo

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Expert:  Jomo1972 replied 619 days and 18 hours ago.


So in other words you havent' admitted being the driver?

Customer replied 619 days and 18 hours ago.

no

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Expert:  Jomo1972 replied 619 days and 18 hours ago.

OK.

I need you to focus really hard on my information requests.

Is this a car park where you park by permit or by pay and display?

Customer replied 619 days and 18 hours ago.

park by permit only

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Expert:  Jomo1972 replied 619 days and 18 hours ago.


Is the permit issued to the car or to a person?

Customer replied 619 days and 18 hours ago.

permit issued to the flat and has parking slot No printed on it

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Expert:  Jomo1972 replied 619 days and 18 hours ago.


So other people than your daughter are entitled to use this slot? As long as they drive this car and display the permit?

Customer replied 619 days and 18 hours ago.

any car can use the slot as long as they display the permit

Accepted Answer

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Expert:  Jomo1972 replied 619 days and 18 hours ago.


Good. This is a private land fine. They are unenforceable. This is not a parking fine however it may look. These companies are private firms that have no more right to punish you for the manner of your parking than your neighbour does. Only the police or the local Council can do that. These are issued on the basis that you have accepted a contract by parking there and breached it by staying too long. To make that work they would have to hang signs over almost every bay and anyway, they still cannot show loss.


The way to stop them dead is to write back refusing to give them the name of the driver. Please note that DOES NOT mean you should lie. Some people don't seem to be able to see the difference between REFUSING the name of the driver and giving false information but there is a very substantial one. They have no power to force from you the name of the driver as they are not the police. They only have a 'contact' with the driver and not the registered keeper.


Please note that will not stop them writing to you. They will send lots of threatening letters. They will pass it on to debt collection and they may get a solicitor to write to you. Unless you actually get a court summons these communications are nothing to worry about. Refusing details of the driver puts an end to any real action being taken.


I'm happy to discuss this but please remember to click on accept.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.8 %
Accepts: 2731
Answered: 8/2/2011

Experience: Bar Exams, over 5 years in practice

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