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Jomo1972, Barrister
Category: UK Traffic Law
Positive Feedback: 95.7 %
Satisfied Customers: 58737
Experience: Bar Exams, over 5 years in practice
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hi i got a letter from roxburghe for £198.00 for unpaid parking

Resolved Question:

hi i got a letter from roxburghe for £198.00 for unpaid parking charge notice on the 11/5/2012
i can't remember who was driving.client is bgs service ltd.
THIS IS 100% PRIVATE LAND.
please advise

Submitted: 12 months ago.
Category: UK Traffic Law
Expert:  Jomo1972 replied 12 months ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

What would you like to know?

Customer: replied 12 months ago.

FOR JOMO1972


i got a letter from roxburghe debt collectors 30/6/2012 for £198.00 for unpaid parking charge notice on the 11/5/2012 client is bgs sevices ltd.i can't remember who was driving then my memory is not very good.the land is 100% private


please advise

Expert:  Jomo1972 replied 12 months ago.

Yes, so what would you like to know?

Customer: replied 12 months ago.

do i have to pay this?

Expert:  Jomo1972 replied 12 months ago.

Can you really not remember who was driving?

Bearing in mind this is your car and it is likely that the driver would remember being issued what is ostensibly a fine?

Customer: replied 12 months ago.

this was on private land i asked around the flats and they tell me not to pay it it is illegal they have had a notice to pay a fine but never did.all i want to know is what is the law on contract law on private land no police these people are a big problem if you don't stand up to them they will walk all over you

Expert:  Jomo1972 replied 12 months ago.

Would you mind giving me the information I asked for?

Customer: replied 12 months ago.

what information did you ask for

Expert:  Jomo1972 replied 12 months ago.

Can you really not remember who was driving?

Bearing in mind this is your car and it is likely that the driver would remember being issued what is ostensibly a fine?
/

Customer: replied 12 months ago.

ok may be i can remember the person who was driving

Expert:  Jomo1972 replied 12 months ago.

Have you lied to them? You are anonymous on here.

If you have lied to them that will change everything.

Customer: replied 12 months ago.

no i have not lied to them i have written nothing to them no contact

Expert:  Jomo1972 replied 12 months ago.

Ok.

Is this a housing association car park? So you need a permit to park there?

Customer: replied 12 months ago.

hi not as such the people own the leasehold but not the freehold


the landlord owns the land yes you need permits the person made a vist to collect some heavy wheels for a bike and had permission from the leaseholder to park get the wheels and go,while the car was parked they sprung out{bgs services} while the person went to get the key for the garage for the bike wheels all under 4minutes by the time the person got to the car they had gone that is the truth

Expert:  Jomo1972 replied 12 months ago.

Sorry, I don't understand.

Is the car registered to any permit holder?

Customer: replied 12 months ago.

sorry no permit


the car was there to pick up heavy bike tyres from a resident


the land is private

Expert:  Jomo1972 replied 12 months ago.

Its not quite true that these fines are unlawful then. They are lawful. They are just very hard to enforce.

They are issued on priviate land either on the basis of breach of contract or trespass. Either are perfectly valid claims. If you park on private land without authority then that is trespass even if its not breach of contract.

To enforce any claim though they need to identify the driver. Only the driver is in breach of contract or the trespasser. This is not public land so S172 does not apply. They cannot force from you the name of the driver. However, what you cannot do is go to court and lie. That is perverting the course of justice and people go to prison for that. Its one thing to refuse the details of a driver and another to pretend you cannot remember when you can.

Also, they would have to show loss which is difficult.

Probably if they went to court they would get the sum of the original fine plus about £25 in costs. The reason for the increase is that they have added their debt collection costs which they won't get at court.

Hope this helps. Please remember to rate my answer either OK SERVICE or above and then I will give you related information for free.

Jomo1972, Barrister
Category: UK Traffic Law
Positive Feedback: 95.7 %
Satisfied Customers: 58737
Experience: Bar Exams, over 5 years in practice
Jomo1972 and 4 other UK Traffic Law Specialists are ready to help you

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