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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64099
Experience:  Over 5 years in practice.
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I have a parking permit which is deducted from pay, apcoa have

Resolved Question:

I have a parking permit which is deducted from pay, apcoa have now sent me 6 penalty notices totalling £540, they state I was not in designated staff area, limited availability particularly when working the late shift means I have no choice and park as close as possible and also unclear boundaries in operation. I'm worried, should I get a loan and pay now before it increases further?
Submitted: 11 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 11 months ago.
Hi

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

Do you accept you were not in a designated area please?
Customer: replied 11 months ago.
No, boundaries between visitors and staff areas are not clear, each area states that I must have clearly paid and my permit is on my windscreen. It appears to be that staff are being targeted.
Expert:  Jo C. replied 11 months ago.
Are you prepared to go to court over this or do you want to avoid it at all costs?
Customer: replied 11 months ago.
Will it cost more in the long run if they win
Expert:  Jo C. replied 11 months ago.
Yes, but not significantly. There would be court costs of probably about £100. Maybe fixed costs of £50 if they use a solicitor. They might try to claim the debt collection costs they say they have incurred but they won't get away with that. Their only real claim is for the sum of the fines plus court fees and solicitors costs.

The chances are that they will not sue anyway. They will just send you debt collection letters threatening fire and brimstone.

In any event though, you do actually have a very good defence. If the demarkation is unclear then they cannot rely upon it. Even if they do persuade a court that it is clear, if you have paid for a permit anyway then one wonders what is the loss. They would not be able to claim more if you were a customer parking in a customer space.

The truth is that it depends on your appetite for risk. I do understand that probably you would rather not be harassed about this matter but if you do have the stomach for a fight, overall, I think you would probably win.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64099
Experience: Over 5 years in practice.
Jo C. and 3 other UK Traffic Law Specialists are ready to help you

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