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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 67834
Experience:  Over 5 years in practice.
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Yes its another Parking Eye Parking Charge Notice trying to

Customer Question

Yes its another Parking Eye Parking Charge Notice trying to pass itself off as a PCN.
I am the Registered Keeper but not the driver.
PE have enclosed CCTV pictures of arrival and departure but not one of the signage.
Its a free 3 hour car park allegedly with excess being charge at £90or discounted to £54 if paid within 14 days.
The POLA process appears to be a joke but to get there I need to go through he PE "appeals process"
My question to you is as the law is still in such a mess eg nor regulations about adequate signage should I ignore everything and await a County Court Claim or should I waste my time in dealing with these cowboys?
Or do you have a better solution?
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What is the date of the offence?
Customer: replied 2 years ago.

Hi Jo

June 2013

Expert:  Jo C. replied 2 years ago.
Thanks. They are not cowboys. They are a perfectly legitimate firm enforcing a claim in either trespass or breach of contract. The only issue is the strength of their claim. .
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 2 years ago.

Your answer is a rehash of the answer you gave 20 hours ago and ignored what I told you I had already checked regarding the legislation and the regs.

Yes they are cowboys as no reputable parking management company behaves like this and tries to pass off a civil contractual dispute as something else.

Expert:  Jo C. replied 2 years ago.
Sorry but I won't be continuing with this because you have left a negative rating

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