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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 62895
Experience:  Over 5 years in practice.
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Hi, my name isXXXXX work for Tesco and have parked

Resolved Question:

Hi, my name isXXXXX work for Tesco and have parked in the car park on land not owned by tesco but operated by vehicle control services. they introduced a camera system on the car park aprox 2 years ago. staff members started getting tickets because sometimes i was impossible to stick to the 2 hour time limit, so we started getting tickets. we consulted our union, the local traffic police, the local council traffic wardens, the internet, saw things on watchdog and the one show and they all said these PCN's where not enforceable by law and to ignore the letters. we did. i recieved a county court letter in may for a claim against me for 20 tickets totaling £2000. today i failed at mediation because i havent got any money to afford a solictor. i have one week to prepare my evidence and submit to the judge and claiment. Can you help me please?
Submitted: 6 months ago.
Category: UK Traffic Law
Expert:  Jo C. replied 6 months ago.
Hi

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

How can I help with this?
Customer: replied 6 months ago.

For Jo C.


I need help putting together a defence. I have no legal knowledge of how to put together the stucture needed for me to win

Expert:  Jo C. replied 6 months ago.

Are you hoping to defend this on the basis that the fines are not enforceable? If so, I am sorry but you have been misadvised.
Customer: replied 6 months ago.

Can the judge enforce the full amount? Because my pay has just been cut because i had to transfer shops and take a demotion because i could no longer afford to travel to work and pay to park. so after deductions of rent bills etc im left with £100 for the month to live off. plus im already in £12000 of debt to the bank. How will a ruling work if i have no money to pay?

Expert:  Jo C. replied 6 months ago.
Ok. First things first.

It was never right to say that these fines were unenforceable. I know that many sources of advice did say that but it was misleading. The challenge with these things was that they were hard to enforce as they had to identify the driver which was difficult to do. Also, for £50 it just wasn't worth the manpower.

The law changed in October 2012 with the Protection of Freedoms Act as that made the registered keeper liable for the fines if he didn't name the driver.

Some of these fines may have been issued before that date so you could still run that argument. However, this is only the civil standard of proof and realistically if you work at this location who else but you would be the driver.

You can still defend these things but asking them to prove the sum of their loss which will not be £2000 or anything like it.

Also, you can ask them to show that the signs were adequate at the location but that is harder to run when there are multiple fines.

In terms of your income, a Court cannot make you pay money you havent' got. Even if they get a CCJ against you all you need to do is apply for a variation order to let you pay in instalments which would be granted.

I wouldn't feel badly about failing at mediation. That wasn't anything to do with you. They have just become more aggressive since the law changed in their favour.

Can I clarify anything for you?

Jo
Customer: replied 6 months ago.

For Jo C.


Part of my defence said can u prove that the losses are correct. they said they can prove it? Ive done the maths. each one of the tickets is a 4 hour contravention, till i drove home for my lunch basically. so on that theory it costs £219000 a year to maintain that car park. I have worked at that shop for 18 years and they have tarmac'ed it once and painted the lines once in all that time. the car park holds 100 cars max. is this a good point to argue?

Expert:  Jo C. replied 6 months ago.
Yes, the sum of their loss is still a very good point. They will argue that their admin has cost something but it won't be this much.

Sum of their loss is still the best point available on private land fines.
Customer: replied 6 months ago.

For Jo C.


what do you think i should base my case on? my fines where all from 9am till 1pm approx because i was on a 7-4 shift. do u think taking photos over that 4 hour period would prove that the car park wasnt full would help?

Expert:  Jo C. replied 6 months ago.
No, not really. Whether or not there were spaces doesn't detract from the fact that you did park there and they will say that is a breach of contract.

The basis is usually the amount that your ticket would have cost plus some admin costs. If they can't say how long you were there then that is their problem but if these are CCTV enforced fines then they should have a pic of the time of entering and the time of leaving.

You just ask them to prove losses.

I'm happy to continue with this please rate my answer.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 62895
Experience: Over 5 years in practice.
Jo C. and 4 other UK Traffic Law Specialists are ready to help you

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