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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64094
Experience:  Over 5 years in practice.
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Just received a Parking Eye (Private car park -Hawkshead, Ambleside,

Resolved Question:

Just received a Parking Eye (Private car park -Hawkshead, Ambleside, Cumbria) parking charge for £90 - £60 if paid by 23/9/12 relating to car parking on 4/9/12 - issued on 10/9/12.
I know I got a ticket at the time but may have overstayed - but having been back home in Yeovil Somerset since 9/9/12 have binned it.I am considering an appeal but have no evidence.The charge seems to me to be outrageously disproportionate.
What is your advice?
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 admitted being the driver?
Customer: replied 1 year ago.

No - there was a photo of the vehicle though - entering and leaving the car park and the times registered for both.

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.
Customer: replied 1 year ago.

For Jomo1972 - I have not replied to them yet and have no intention of replying at this stage - thanks for your initial advice but at what stage - if it goes further should I reply -


and is this dialogue with you confidential or in the public domain?

Expert:  Jo C. replied 1 year ago.
Sorry, I'm not sure I understand your question?

Please rate my answer.
Customer: replied 1 year ago.

For Jomo 1972 - sorry about that


 


- you have said that I am likely to get threatening letters - when should I reply "refusing driver" - like right away??


 


- and my other point was that are Parking eye able to read this e-mail correspondence

Expert:  Jo C. replied 1 year ago.
They may be able to read it but you are anonymous on here. Anyway, they can view this information to their hearts content as far as I'm concerned as its the state of the law.

If you are struggling to grasp what you should do though its probably best to just ignore them. Its much safer.
Customer: replied 1 year ago.

Thanks for helpful and prompt reply - but I am a "plonker" for having written down my return destination in original Q.


 


Additional query -Can debt collection correspondence affect my personal credit rating -

Expert:  Jo C. replied 1 year ago.
Only if they get a CCJ against you.

Delighted to continue with this but please rate my answer.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64094
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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