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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice.
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I received a Parking Charge Notice from New Generation Parking

Resolved Question:

I received a Parking Charge Notice from New Generation Parking for supposedly parking on private land and exceeding the permitted time allowed. The date of the alleged parking offence was on the 30/09/2012. I understand that Schedule 4 of Protection of Freedoms Act 2012 came into force on 1st October and under this act they can pursue the registered keeper for the parking fine. I was not the driver of the vehicle at the time and I believe that prior to Schedule 4 POFA 2012 there is no requirement for me to provide the details of the driver. I have today received a letter from Roxburghe Debt Collectors demanding payment of £160 and that if i do not pay they will refer it to their solicitors. Can they enforce this parking notice? Many Thanks
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. My name is XXXXX XXXXX I will try to help with this.

Its not quite right to say that its completely unenforceable but its certainly hard to enforce.

The Protection of Freedoms Act applies from fines issued after October 2012 and it makes the registered keeper liable if he doesn't disclose the driver's identity. That doesn't apply here.

That doesn't necessarily mean that they cannot enforce the fine. They have to prove who was driving. That is very difficult to do and in most cases they fail but there have been cases of them doing so.

However, the chances that they will sue over this are about 0.001%. Even with the new changes very few of these fines are easily enforced.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65244
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi,


 


Thank you for your quick response.


 


Would you advice that I ignore all correspondence regarding this matter even if it comes from their solicitor which they have threatened?


 


The original parking notice says that they may pursue for the outstanding debt under the Protection of Freedoms Act 2012 which clearly doesn't apply here. Should I right to them and point this out?


 


Many Thanks

Expert:  Jo C. replied 1 year ago.
They will probably get Graham Whyte solicitors to write to you.

Whether to ignore them is really a matter for you. Personally I would write back pointing out that the PFA doesn't apply but the only purpose of doing that is to annoy them.
Customer: replied 1 year ago.

Thank you for your help. We will paraphrase your reply and irritate the solicitor!

Expert:  Jo C. replied 1 year ago.
No problem.

All the best.

Please remember to rate my answer.

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Jo C.
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