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Joshua, Lawyer
Category: UK Traffic Law
Positive Feedback: 100 %
Satisfied Customers: 22469
Experience: LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
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can we have a copy of your reply please?Did not save when

Resolved Question:

can we have a copy of your reply please?Did not save when exiting

Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Joshua replied 1 year ago.


Joshua :

Welcome to JustAnswer! If you've queries once you've read my answer do ask. When satisfied, please kindly click the Green ACCEPT button

Joshua :

Certainly though you should be able to access the thread from your account?

Joshua :
Joshua :

Providing you have not admitted to being the driver you can safely ignore the ticket and any request to name the driver regardless of whether you were the driver or not. They need to be able to prove who the driver was at the time of the incident.

Joshua :

Parking fines in private car parks are based on contract and there is no requirement in law for you as a driver to disclose the identity of the driver. Without this admission the parking company cannot take any further action as they need to have somebody to actually sue - namely the driver for breach of contract.

Joshua :

if you refuse to identify the driver, that's where the matter ends notwithstanding that they will no doubt send you a number of increasingly threatening reminders including potentially empty threats that they will obtain a Norwich Pharmacal Order which seems to be a new favourite of theirs or a threat that they will obtain an order for disclosure which the court is very unlikely to grant as it is a small claims court action and courts are not ready to grant such orders in such matters as a rule. Eventually though they will give up as they know the above just as well as you now do.

Joshua :

The position is different the Council issued and police issued parking fines which can be enforced through the courts but unless you identify the driver for a parking fine issued in a private car park, then in practical terms, the ticket is unenforceable

Joshua :

Even if they were successful in obtaining an order for disclosure and was successful in suing you, they could still only recover their reasonable losses which should be very minor as any overstay of parking or parking without a ticket has not really cost them any real economic loss. We would be talking a few pounds at best

Joshua :

in practice, for the above reasons, these companies do not actually pursue these matters in court that rely on scare tactics to try to persuade a reasonable percentage of people to pay up voluntarily which is essentially their business model

Joshua, Lawyer
Category: UK Traffic Law
Positive Feedback: 100 %
Satisfied Customers: 22469
Experience: LL.B (Hons), Prof Dip Law & Practice. 9 years experience in private practice in England
Joshua and 3 other UK Traffic Law Specialists are ready to help you

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