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Joshua
Joshua, Lawyer
Category: UK Traffic Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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i received a parking ticket from ace security services tadwoth

Customer Question

i received a parking ticket from ace security services tadwoth for not displaying my permit on my car on 31st Dec 2012
I appealed within 5 days but did not hear from them until 20th March ---3 months later
they rejected my appeal and regretted the delay
is there any time limit on considering appeals?
as this was on a private road in London
can i appeal to the parking Ombudsman?
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.

Who is the issuer?
Customer: replied 1 year ago.

for jomo 1972


i have already told you in the 1st sentence

Customer: replied 1 year ago.
Relist: Other.
did not read the question
Expert:  Jo C. replied 1 year ago.
Since you have responded in this way I'm afraid I will be opting out.
Expert:  Joshua replied 1 year ago.
Thanks for your question. Please kindly RATE my answer when you are satisfied

  1. My colleague has asked me to look at this. Could you confirm the basis of your appeal please - e.g did you have a permit but forgot to display it?
  2. How much is the parking demand for?
Customer: replied 1 year ago.

yes


had permit


left it in car but not on windscreen


demand for £130


£65 for 14 days

Expert:  Joshua replied 1 year ago.
Thanks. Private tickets used to be unenforceable if the registered keeper refused to identify the driver but that changed last year when the Protection of Freedoms Act outlawed clamping and provided enhanced measures for parking companies to enforce private tickets. The PoFA provides that if a registered keeper refuses to identify the driver within 28 days then the registered keeper is liable for the demand.

However the Act has not authorised private parking firms to issue fines. These demands are still nothing better than invoices demanding payment for breach of contract - the contract is formed by the use of signs warning to display tickets/permits or risk a ticket at the advertised rate.

Being a contract the ordinary rules of contract apply whereby they must prove that they displayed adequate signage to enable a driver parking there to know of the requirements; evidence of loss on their part as a result of the breach of contract and evidence that they have attempted to mitigate their loss.

The position here is that clearly you knew about the requirement as you have bought a permit so this does not assist; however they would struggle to show any loss. Even if you had parked there without a permit, their loss would only be very small - they will attempt to claim admin costs and so on but they would still struggle to demonstrate a loss of any significance compared to the amount they attempt to claim. The doubling of the fee if not paid within a certain period is almost certainly unenforceable in contract law.

Accordingly you may either pay the amount demanded or simply ignore the various threatening letters that will ensue should you fail to do so. All they can do is issue proceedings in the County Court to sue you for the amount demanded plus costs which would be in the order of £35. Historically they almost never did so because they would find it very difficult to win. Now they have a better position in that they can sue the registered keeper under the above act but they must still prove loss and so on as above which is not easy. There is no evidence of large scale claims in the county courts though the Act is still relatively young.

Given you have a permit, their loss is zero because they have been paid though you forgot to display the permit. If it were me I would still choose to ignore private parking tickets on the calculation that they are unlikely to sue and if they do the court fees are relatively limited and the above arguments of loss and so on can be employed to argue down the level of demand. You must of course make your own choice though.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Joshua, Lawyer
Category: UK Traffic Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Joshua


however they are threatening recovery through Bailiffs


How likely is this

Expert:  Joshua replied 1 year ago.
Private parking firms cannot use bailiffs to recover monies unless they first issue proceedings in the county court as above. Providing this is a private parking ticket and not a PCN issued by a council with the exception of some railway car parks all they can do is make lots of noise in letters and then issue proceedings in the county court as above whereby you have the opportunity to defend as above. You can in these circumstances safely ignore all threats of the fee doubling, bailiffs and punitive rates of interest and so on.
Customer: replied 1 year ago.


my initial question related to time taken to reject appeal


in my case 3 months


is this not a factor?

Expert:  Joshua replied 1 year ago.
Who did you appeal to please - the company or a third party?
Customer: replied 1 year ago.


The company Ace Security Services Tadworth

Expert:  Joshua replied 1 year ago.

Thanks. No it is of no consequence. This is not really an a appeals process in the formal sense of the word. It is simply a process by which you ask the company to consider waiving its invoice for a particular reason, Since they are impartial such "appeals" are very rarely successful. Equally however the failure of the appeal is equally insignificant for the above reason - their decision carries no real weight

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