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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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I have just been issued with a parking fine today by NCP attendant

Resolved Question:

I have just been issued with a parking fine today by NCP attendant in Crawley. The circumstances are as follows:
1. Time: 13:12 - paid for a 2 hr parking ticket for £3.00 (Actually made a mistake and paid £3.10)
2. held up in M&S shop and returned a few minutes late to my car.
3. 2 attendants in process of issuing parking notice. One of them says to me it's my lucky day, no ticket has been issued yet, I can leave the car park.
3. Having put my shopping in the boot, the other attendant says it's too late; the ticket has now been issued (£100, or £50 if paid within 14 days). Time of issue: 15:19, First seen: 15:19
5. They then tell me I can appeal by ringing the No on the back of the notice. I expressed doubt as to the outcome but they were quite insistent. Of course I ended up talking to a machine telling me how to pay, and the attendants by then had disappeared.
6. I tried to send an appeal on the NCP website, but the ticket is so fresh they cannot yet trace the charge notice; meanwhile, I found your site and I wonder if you can give me some advice.
- I cannot disagree with the fact that I exceeded the time by 7 mns for whatever reason, and I will pay the fine if I must. But is there any ground for appeal?
- I find the attendant who promptly issued the ticket may have been somewhat overzealous, or at least not acting in a reasonable manner.
- There is no time elapsing between "first observed" and "time of issue". It is not a habit of mine of collecting parking tickets so I cannot apply experience here, only rudimentary logic, but would there not usually be a "discretionary" period between the 2 events, otherwise what would be the point of stating the time under "first observed"?
- I am also questioning whether my excess 7 mns would be a typical example of what they refer to within paragraph 10 b of their terms and conditions?.
Many thanks for your advice
G Poirier
Submitted: 5 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 5 years ago.
Who issued the ticket and is there any mention of the council on it?
Customer: replied 5 years ago.
Ticket issued by parking attendant No: 77805 of National Car Parks Limited - There is no mention of the council on it.
Expert:  Jo C. replied 5 years ago.
Hi,

Have you actually admitted to being the driver?
Customer: replied 5 years ago.
I did not "admit" I was the driver, but they asked me if it was my car, to which I said yes
Expert:  Jo C. replied 5 years 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.
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