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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64112
Experience:  Over 5 years in practice.
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I have received a parking notice charge for parking in a disabled

Resolved Question:

I have received a parking notice charge for parking in a disabled space displaying my blue badge and clock I had parked in a private car park in a health centre the centre was closed because it was the evening so there was no reason to park there to use it. I saw no signs or pay and display meters. It was for customer use only but the centre was shut. Ther was no where else for me to park at all as the public car park was shut for some reason. It's from ukcps I appealed and now they say I still have to pay as I did not display a valid pay and display ticket or permit. Do I have to pay?
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 is the issuer please?
Customer: replied 1 year ago.
UKCPS
It was in a health centre car park and it was 7.15 at night so the centre was closed. I received it through the post there was no ticket on my car when I came back about an hour an a half later so this was the first I knew I had done anything wrong
Customer: replied 1 year ago.
For jomo1972

It is ukcps

I have appealed and sent a copy of my badge but they are saying I have no grounds for appeal.

The car park is for a health centre in town but it was closed as it was 7.15 at night. So there would be no customers
Expert:  Jo C. replied 1 year ago.
Thanks

What was the date of the fine please?
Customer: replied 1 year ago.
For jomo1972

It was 15th June 2013 a Saturday
Expert:  Jo C. replied 1 year ago.
Thanks.
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 1 year ago.
For jomo1972

Thank you

They have said I should reply within 14 days if I want to appeal again but that I need to submit additional information to my original appeal which I don't have. Should I just ignore it then or write back and say I don't accept it? What should I do next please
Expert:  Jo C. replied 1 year ago.
I would just ignore it.

Their appeals procedure isn't worth much
Customer: replied 1 year ago.
For jomo1972

Thank you I have been so worried I really didn't know what to do and honestly thought as a disabled driver as long as I used my badge etc I was okay especially as the place was shut and the car park empty. But thank you for the information I will try and ride it out but it sounds scary
Expert:  Jo C. replied 1 year ago.
No problem.

All the best.

Please remember to rate my answer.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64112
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you

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