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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64792
Experience:  Over 5 years in practice.
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I have received a parking fine from parking eye car park management

Resolved Question:

I have received a parking fine from parking eye car park management for only being 12 minutes over time. I have appealled against this fine as I was feeling ill and couldnt drive off at the time, so i have amitted to being the driver, they have since sent me another 2 letters, 1 saying my appeal was denied but give no reasons. The next was to say the fine had now gone up to £80. Can I just ignore these letters as I have no intention of paying it for 12 minutes, or should I write back to them with my response?
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years 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 did you actually say on the point of being the driver?
Customer: replied 2 years ago.


FOR JOMO1972


I have a parking fine for £50, from parking eye car park services and appealed against it as I said I was ill so couldnt drive off in time from a shopping car park in whitehaven in cumbria, but they just showed me 2 pictures of my car reg with times under them, which I thought was not satisfactory to me. I have today recieved another threatening letter from them, saying that I now need to pay £80 now, or they will start court proceedings, I have no intentions of paying this fine, but will it go to court? or will they eventually give up? or have they any grounds to charge £50 for 12 minutes over the time?

Expert:  Jo C. replied 2 years ago.
Thats a shame. You would have walked away with nothing.

Does the fine say anything about the local council in the small print?
Customer: replied 2 years ago.


FOR JOMO1972


No It says nothing on the letters about the local council on them.

Expert:  Jo C. replied 2 years ago.

Thats a shame as you would have walked away with nothing.

This is private land fine. They run against the driver not the registered keeper. They are issued by private land companies who have no more right to punish you for the manner of your parking than your neighbours do. 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 saying too long. Alternatively they can argue trespass.

In either case though, they have to identify the driver. This is not a crime but a civil dispute so they cannot use S172 RTA to force from you the name of the driver. They have no power to make you so you really should have refused that information and then they cannot find the right person to sue.

Having admitted it though, it is likely they will seize upon that. They used not to sue those who had admitted being the driver but so many people have worked out that these fines are unenforceable that they are becoming more aggressive now. Probably there's about a 50% chance they will sue.

Its probably still worth fighting just by simply putting them to prove about adequacy of signs and their wording. Half the time they are void.

Also, you could argue that the sum they are charging doesn't represent their true loss although I have to say I've never won on that point yet.

If you tell me what the signs said I might be able to give you a stronger indication.

Hope this helps. Please remember to rate my service OK or above.


Customer: replied 2 years ago.


FOR JOMO 1972


I cant tell you what the signs say because I live in Liverpool and it was in Cumbria the car park. So what do you think I should do? pay the fine or reply to their letter or just ignore them? I am willing to court if that is what happens as I feel that I have a case, because I was unwell.

Expert:  Jo C. replied 2 years ago.
As I've said really, its probably worth fighting it and ask them to prove that the signs were sufficient and to show loss.

They used not to bother suing where a motorist had admitted being the driver but they are becoming more aggressive now.
Customer: replied 2 years ago.

FOR JOMO1972


Thanks for advice, so do you think I should write them another letter asking them for more evidence of a) what the signs actually say, and b) what they are actually charging me for their losses. Or should I just ignore any further letters from them?

Expert:  Jo C. replied 2 years ago.
No, it would be better to ignore them as it is always.

Delighted to continue with this but please remember to rate my answer OK SERVICE or above.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64792
Experience: Over 5 years in practice.
Jo C. and 3 other UK Traffic Law Specialists are ready to help you

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