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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69675
Experience:  Over 5 years in practice.
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I apealled to Excell parking services regarding a ticket

Customer Question

I apealled to Excell parking services regarding a ticket issued for just staying over the permitted time allowed in one of their managed private sites. They wrote back stating they are satisfied that the Parking Charge Notice was issued correctly and if I disagree with it, they would not accept any further appeals, instead, appeal to IAS which I understand is not the same as an independent appeals tribunal. The time allowed is 21 days from date of letter, but I received the letter some 13 days after is was date marked?
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.

Do you dispute over staying?

Customer: replied 1 year ago.
No, just the Penalty of £70.00 for being 23 minutes over the time that the ticket expired. I was unavoidably detained and have offered to pay for 1 more hour's stay which would amount to £1.30
Expert:  Jo C. replied 1 year ago.

Are you asking if this is a defence?

Customer: replied 1 year ago.
I am asking if you consider this Parking charge is indeed a penalty and if it is justifiable, because I had overstayed a bit longer, while trying to locate a family friend suffering from depression, known to be in that area near a rivermouth.
I admitted that I overstayed and I apologised explaining my circumstances and I offered to pay the over stay amount, which was rejected.
If you think in law, that I do not have any defence in this private car park, please just say so.
If you think I do have a defence, please advise the appropriate steps.
I am asking and paying for your advice and respectfully ***** ***** this is unjust also very harsh and punitive given the circumstances.
Expert:  Jo C. replied 1 year ago.

Yes, it lawful and it is enforceable.

there has been a case called Beavis which has considered the sum of the loss point and it has been decided in favour of the private land fining company. It was always a weak point anyway.

You accept over staying and that is a breach of contract.

There is no positive defence on that basis.

Whether they will sue or not is another matter. Generally speaking they do not. They have become more aggressive recently but it still represents a very small number compared to the number of fines. Obviously that involves a risk on your part but it is not very high.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Is it worth appealing to IAS to ask them to rule on compassionate grounds and that I am taking the matter seriously?
Expert:  Jo C. replied 1 year ago.

No. There is never any point in using their appeal's system on any grounds. They are not a proper tribunal. Only the court can decide whether or not you are liable and make you pay.

It is not worth defending on compassionate grounds as this is just plain not a defence.

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