How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63937
Experience:  Over 5 years in practice.
Type Your UK Traffic Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

I received a parking ticket (Parking charge notice) on 5th

Resolved Question:

I received a parking ticket (Parking charge notice) on 5th Feb 2013 at my place of work in a hospital. I have an on call permit which allows me to park in the car park from 20.00 to 08.00. I was late leaving work and was issued a ticket at 09.29. I ignored this ticket and have now received a notice to owner/keeper/hirer dated 24th April 2013. What do I do?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.

Jomo1972 :

How can I help with this?

Customer: Should I pay the now £95. Do they have a legal right to force me to pay?
Customer: FORJOMO1972 what is your answer?
Jomo1972 : Can you tell me who is the issuer of this fine? Hospitals are often different
Customer: The issuer is APCOA
Jomo1972 :

The truth is that it depends how much risk you want to take.

Jomo1972 :

It used to be very easy to escape these fines by refusing details of the driver. However, the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable for the fine if he doesn't name the driver within 28 days of the fine.

Jomo1972 :

It is open to you to refuse to pay and invite them to sue. The chances are not high that they would but nobody can rule out the risk.

Jomo1972 :

If they do then you could defend on the basis that they have suffered no loss.

Jomo1972 :

Basically this issued on the basis of breach of contract. There will be a term in the contract that you display a permit rather than just have one. That has been tried and tested many times and its the only way that parking can operate as wardens need to be able to see immediately who can park there and who cannot.

Jomo1972 :

You cannot deny a breach here. What you can do though is ask them to show that they have suffered loss as a result of this.

Jomo1972 :

Since you had a permit that will be difficult.

Jomo1972 :

They may be able to show some small administrative loss but not a great deal.

Jomo1972 :

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

Customer: I had my permit clearly displayed on the windscreen.
Jomo1972 :

On what basis was it issued then?

Customer: It was issued on not displaying a valid permit!
Jomo1972 :

Yes, so on what basis was it issued?

Jomo1972 :

Are you saying you overstayed?

Jomo1972 :

It would be helpful if you made that clear.

Customer: I think they are trying to say that my permit is not valid after 8.00 as its an "on call permit". Yes I overstayed
Customer: On call permits I think are from 8pm to 8 am. I have explained in my original question
Jomo1972 :

That wouldn't change anything in my answer above.

Jomo1972 :

Except that the complaint is overstaying not failure to display

Jomo1972 :

Its still clearly a breach of contract and you are liable.

Jomo1972 :

The only question is over loss.

Customer: I was thinking of asking my manager to explain I was still working on a very busy labour and could not leave. That s why I was called in! Not sure that would help my case though?
Jomo1972 :

Not really except to mitigate.

Jomo1972 :

But the issue is loss anyway.

Jomo1972 :

Very few people have a direct challenge to the facts alleged.

Jomo1972 :

The issue here will be how much loss were they caused by you staying longer than permissible.

Customer: As I thought. No letter from manager will change their mind. I will await any further response from the company and see what happens. If they go through court I will try and ask them to prove they have suffered a loss if you think that's my only option
Jomo1972 :

To be wholly honest, there's about a 10% chance it would go that far.

Jomo1972 :

They will just send you nasty letters from debt collectors and probably get Graham Whyte solicitors to write to you in the hope you cave in

Customer: I mighit cave if I get solicitors letters! I have also since discovered that there are two parking companies on our site and our permits are not valid AT ALL for some spaces! A colleague had to pay a ridiculous amount as she parked in the wrong zone. You have been very helpful thanks
Jomo1972 :

Its very unlikely that she was sued.

Jomo1972 :

Solicitors letters have no legal status of themselve.

Jomo1972 :

themselves

Jomo1972 :

if you get a court summons that would be the time to cave in

Customer: Okeydoke! I will await a court summons! Thanks again. I will ask my colleague why she paid.
Jomo1972 :

I will be amazed if they sue you.

Customer: Interestingly, I remember looking at paying and entering the ticket number to pay online and the ticket number came up as invalid!
Customer: I took a screensaver picture as proof
Jomo1972 :

There are some myths about private land fining on the internet.

Jomo1972 :

They are not invalid. they are just very weak claims.

Customer: Sorry, I meant I logged into the APCOA website to pay but when I entered the ticket number it sad it was invalid.
Jomo1972 :

Yes, I understood

Jomo1972 :

they are wildly inefficient

Jomo1972 :

I would be amazed if they find court forms.

Customer: Oh I see. Why say on the ticket that you can pay online when you can't!
Jomo1972 :

Probably because their intention is to allow people to pay online and the technology failed

Customer: As usual
Jomo1972 :

Yes, in this case especially

Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63937
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    3080
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    3080
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    137
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    30
    Solicitor with UK Traffic Law experience
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    17
    17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    12
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    12
    LLB (Hons)
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    143
    PGD Law. 20 years legal profession, 6 as partner in High Street practice