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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69252
Experience:  Over 5 years in practice.
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hello i received a £100 UKCPS Parking Notice Charge this

Customer Question


i received a £100 UKCPS Parking Notice Charge this morning for supposedly parking in a disabled bay in a retail shopping car park without a valid badge displayed dating back about 5 weeks ago. They said they fixed a £60 parking charge to my vehicle at the time which is untrue and they now want £100 from me. The only time i park in a disabled bay is when i take my elderly mother shopping & i always place her badges on the dashboard. This notice came as a complete surprise.

i went back to the retail park this afternoon to see what notices there were and was surprised to see them as i had never noticed them before, the writing was very small and some of the bays did not even have wheelchairs painted on them which usually identifies a disabled parking bay.

I use this retail park a couple of times a month and i have never seen anyone with a ticket on their car nor anybody taking pictures

Can you please advise me on my best course of action

Should i pay this or ignore it?
Do i appeal it?
Do i contact the company & ask for proof ?

kind regards
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.

A private land firm is not an emanation of the state. It does not have the right to punish you for the manner of your parking any more than your neighbours do.

This is essentially an invoice arising from a civil dispute. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract.

Private land fines used to be very easy to escape by refusing the details of the driver. They only have a contract with the driver. Unfortunately the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable for the penalty if he does not disclose the details of the driver within 28 days.

All that means is that the claim runs against the registered keeper. It just makes it easier to find the person against whom there should be enforcement.

The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.

If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that. They have no claim for that.

Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.

Also, they will have to prove that they have suffered loss. They may be able to claim a very small amount in administration costs but it is going to be the sum they are trying to claim from you. Their loss would seem to amount to no more than about £5.

They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.

Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer £5 for their loss.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.



thank you for your reply,


are you advising me to ignore this parking notice completely and all correspondence with them and their associates or should i at some point ask them for proof of parking in a disabled bay without displaying a badge. I was not given a ticket on the date in question because i would most certainly have seen it and there would have been witnesses.


i am certain that this must be a scam to just get money out of people and i am pretty disgusted with it.


Expert:  Jo C. replied 3 years ago.
Its not a scam. Its just a claim thats very hard to enforce.

Whether you ignore them is a matter for you and your appetite for risk. Personally I would never pay them but I do realise that not everybody is willing to put up with the letters they send you.

Customer: replied 3 years ago.



i will fight them on principle as i know i've done nothing wrong



Expert:  Jo C. replied 3 years ago.
For what its worth, thats exactly what I would do.

If anything ever happens over this, I will eat my wig!

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