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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64073
Experience:  Over 5 years in practice.
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I have received a letter from Roxburghe Debt Collections in

Customer Question

I have received a letter from Roxburghe Debt Collections in respect of a Parking Charge Notice from Target Parking Ltd that I have never received. It's for a car park that I park in around 3 times a week and have done for a year or so. I don't have a recolection of parking and not paying on the day in question, although I am happy to accept that this is quite likely, given the frequescy that I park in the car park.

I propose to pay £13.50, the cost of daily parking. Should I pay this to Target Parking or Roxburghe?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year 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.

Have you corresponded with them so far?
Customer: replied 1 year ago.
With Target Parking, no in connection with this matter. With Roxburghe a phone call this morning
Expert:  Jo C. replied 1 year ago.
Have you admitted being the driver?
Customer: replied 1 year ago.
No. Nor have I been asked. I was asked by Roxburghe whether I had parked that day. I confirmed I had no recollection of doing so
Expert:  Jo C. replied 1 year 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.

Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.

Customer: replied 1 year ago.
If Target Parking say, as they appear to be via Roxburghe, that I parked that day and did not pay, then I am inclined to believe them. So do pay the daily parking charge to Tarket or to Roxburghe?
Expert:  Jo C. replied 1 year ago.
If you want to pay an unenforceable fine then you need to pay the debt collectors as they will have added costs.

This is a matter for you as you will walk away with nothing.
Customer: replied 1 year ago.

I do not want to pay an unenforcable fine. I want to pay £13.50 daily parking charge because in all likelyhood I parked in the car park and did not pay. As I said previously I park there 3 times a week so am willing to accept that I parked there once without paying.


 


I do not want to pay the £164.00 that Roxburghe are demanding only the daily car park charge.


 


 

Expert:  Jo C. replied 1 year ago.
I will be delighted to continue with this but please rate my answer OK SERVICE or above.
Customer: replied 1 year ago.
I have not received an answer to may question yet. Upon receiveing an an answer I will be happy to rate it
Expert:  Jo C. replied 1 year ago.
I will opt out for others as I have given you the answer.
Customer: replied 1 year ago.

I do apologise, but I cannot see your answer. Do I pay the £13.50 daily parking charge to Target Parking or to Roxbughe?

Expert:  Jo C. replied 1 year ago.
I'm sorry this is abrupt but MUST understand your position,

The course of action that you want to take is pointless for these reasons.

1 They will not accept it. They say you are liable for the full amount.

2 Once you do make payment or offer payment they will say that you have admitted being the driver and so are liable for the full amount.

3 They used not to sue but they are becoming more aggressive now.

4 When at court you could argue that this sum does not represent their loss but I have to say that I have never won on that point yet and you will probably be liable for the sum of the fine plus the court costs.

If you are intent then you should pay the debt collectors really although it doesn't much matter who you pay.

But it would be much better to pursue the action I mentioned above.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64073
Experience: Over 5 years in practice.
Jo C. and 3 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Many thanks.


 


Until the Roxburghe letter I had no idea that I had not paid for a days parking. If I had receved any form of notice from Target Parking I would have paid it.


 


Now because I have not receved any Notice fromTarget the overall costs of Roxburghe have added up to a total of £164.00.


 


How does it work with the law when I have not received the origianl notices from Target?


 


 


 

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

Thank you. Not having received any preveous fine/Notice I have no idea how much the original demand was for. What would be usual/average costs if they went to court? Their side/my side?


 


1) I could say I didn't park that day and if my car entered the car park, for which they have not provided any evidence, then it must have been someone else driving.


 


2) I can pay £164.00 to Roxburghe and it would all go away


 


3) I could pay either Roxburghe or Target £13.50 and if they took me to court I loose up to the number requested in my 1st paragraph.


 


I understand that your suggestion is to go for 1)?


 


 

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

Thank you.


 


I have not told Roxburghe who was driving. What form of words do you suggest I use to refuse to provide driver details?


 


 


 


 

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

So What about the following words.


 


Thank you for your letter .....


 


"I have not received any any Notice to Registered Keeper from your client (Target Parking Limited). Furthmore I refuse to provide you with details of the driver of this vehicle.


 


Please be aware that I have paid Target Parking the sum of £13.50 for parking the vehicle on 22nd May 2012.


 

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

Yes I am struggling. That's why I am here.


 


When you say "just write back refusing details of the driver", do you mean stay silent on who the driver of the car is? Rather than making a written stement refusing to provide such details?


 


I have already spoken to Roxburghe and said I would send them a letter, so unfortunaley I have already done something.

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

OK. Understood.


 


I still feel bad for forgetting to pay at a carpark where I park 3 days week and would like to try and rectify my mistake. I guess you suggestion is "get over it" and just ignore Roxburghe and if they ever go to court, pay the costs then.

Expert:  Jo C. replied 1 year ago.
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