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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64081
Experience:  Over 5 years in practice.
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My wife received a £100 fine for parking violation "Parked

Customer Question

My wife received a £100 fine for parking violation "Parked in a bay without displaying corresponding permit to the bay in which the vehicle is parked" What should we do please?
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.

Who issued the fine?
Customer: replied 1 year ago.


Parking Control management pcm on the site of Gallions Approach

Expert:  Jo C. replied 1 year ago.
Just to let you know in order to give you an answer tailored to your situation, I will just need to ask you some preliminary questions which will enable me to consider your position from all angles.

Can you have a look at the small print on the fine? Is there any mention of the local council? Sometimes these private land companies are contracted by the council.
Customer: replied 1 year ago.


Hello


 


I can't see any Council mentioned anywhere on the paperwork only pcm


 


Thanks

Expert:  Jo C. replied 1 year ago.
Good. Thats private land then for certain.

Does she accept not displaying a permit ?

Also, is she the registered keeper please?
Customer: replied 1 year ago.

She is the registered keeper and haven't admitted anything


 


Thanks

Expert:  Jo C. replied 1 year ago.
Ok.

But does she accept that she wasn't displaying a permit? You are anonymous on here so its safe to be clear with me?
Customer: replied 1 year ago.

Ok


No permit was displayed so yes she accepts this

Expert:  Jo C. replied 1 year ago.

OK. Its helpful to know what we are dealing with.

Proceeding on the basis that she seems to admit that she was parked in a way that didn't comply with their requirements, they still have various problems.

The first point to make is that there is no longer any point in refusing to identify the driver. That used to be a very easy escape route for private land fines. Unfortunately the Protection of Freedoms Act 2012 came into force in October and it makes the registered keeper liable if he doesn't name the driver within 28 days. Since your wife is the registered keeper anyway it really doesn't change all that much.

The new law has plugged up that gap but there are other problems for them.

This is not a parking fine whatever it may look like. I know that some of them are designed to mimic those issued by the local council. This is a private land company with no more rights to punish you for the manner of your parking than your neighbour has. The fines that they are issue are really just invoices for breach of contract.

The law behind private land fining is basically a contractual point. They say that you parked there and so accepted a contract and breached it by staying too long, or without payment or otherwise in a way that didn't comply.

That is all very well and, in fairness, its a lot better than clamping was.

However, they need to prove that they properly advertised the prohibition. Quite often their signs are not sufficient or are unclear.

They also need to prove the sum of their loss. The real loss here is really affrontery. If somebody parked on your front lawn without causing any damage you would have every right to be angry about it but its quite hard to find any real loss arising from it. The very most that they might get is some administration costs but not a great deal.

They will send you some very nasty letters though. They will probably get Graham Whyte Solicitors to write to you quoting the new law.

The chances they will actually sue are fairly low. If they do then your wife can defend on the points above and thats all lawful.

The other alternative is that you make a much lower offer to cover their actual loss. Personally, I would never do that but it would be wrong of me not to mention it. Some people seem to think its wonderful but it seems to me that it involves admitting that the signing was adequate although I suppose you could make it on a no admissions without prejudice basis. My experience has been generally though that they won't accept it and so its pointless.

Its always possible to make an offer on a full and final basis. It depends how much risk you are prepared to take really. The risk of ignoring this is quite low but the nuisance factor of getting letters from them is something that not everybody can stand.

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: 64081
Experience: Over 5 years in practice.
Jo C. and 5 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you


 


I am quite thick skinned and can put up with threatening letters so we will take the risk.


 


 

Expert:  Jo C. replied 1 year ago.
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