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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64060
Experience:  Over 5 years in practice.
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Good evening, please can you advise me on a parking charge

Resolved Question:

Good evening, please can you advise me on a parking charge matter.

On the 8th Feb 2013 I was sent a parking charge of £85, reduced to £50 if I paid by the 22nd Feb 2013. Initially I ignored this letter, despite the photographs of the car licence plate. Another parking charge followed this one more demanding, I paid the £50. I have recently been hearing that this may be a scam and that I might be able to get my money back. Any advice you can give me will be greatly appreciated.

Thank you for your time

Ali
Submitted: 10 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 10 months ago.
Hi

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

Who is the issuer please?
Customer: replied 10 months ago.


Parking Eye Car Park Management


 


Parking Eye


 


P.O. Box 565


 


Chorley


 


PR6 6HT

Expert:  Jo C. replied 10 months ago.
Thanks.

Its not a scam I'm afraid. It is a very weak claim that they would have struggled to enforce against you. However, since you've paid its too late.

This is a private land fine. They do have a claim against you. If you park on land in breach of the agreement or without permission then that is breach of contract or trespass. In fairness, if somebody parked on your front driveway and refused to move you would want something done about it and properly so.

The challenge though with private land fines is usually either to ask them to prove that their signs were adequate or to show that they were caused loss by the fact of your parking there. Also, the plain fact is that they would normally never sue because its not worth the manpower.

Unfortunately though, you have paid. There's no way around it. The onus would be on you to proof that the signs were inadequate or that they suffered no loss.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Customer: replied 10 months ago.

I know I should not have paid now... It just seems odd that a supermarket car park would have this. I will look into it further. I just don't think my father looked for the sign in a car park where the majority of parking spaces (90%) are free. It seems like a trap to have five or so spaces that have a time limit. Perhaps I should contact the supermarket to ask why this is. It was between 12:15 and 14:52, so its not reasonable to say he missed the sign.

Expert:  Jo C. replied 10 months ago.
You could complain to the supermarket. That wouldn't do any harm.

Generally speaking, claims are easier to challenge when you they have the burden of proof.
Customer: replied 10 months ago.


Do I have to finish up the question this evening and pay you tonight or can I contact the Supermarket first?

Expert:  Jo C. replied 10 months ago.
You can reopen the question after you have rated. People come back months afterwards.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64060
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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