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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
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Experience:  Award winning lawyer with over 15 years experience
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Civil Enforcement LTD, Liverpool. I have a Parking Contravention

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Civil Enforcement LTD, Liverpool. I have a Parking Contravention Enforcement Notice. Pay 75-00 pounds within 2 weeks or the fine will be double, this is a carpark on the Isle Of Wight. i received no ticket. obviously i am not happy about this, i have telephoned them, waited for a return call, nothing, i want to argue, i wasnt the driver. do i Pay or ignore the threatening summons. The PCn number is XXXXX Thankyou
Have you admitted that you were the driver to them?
Customer: replied 7 years ago.
No i havent,said i was the driver, i have telephoned them 3 times, left two decentish messages, on the third call, i lost control, these calls were left on an answer machine though, thanks for your help.

On the basis that you have not admitted to being the driver you should be ok. This are basically private land fines and as such they are unenforceable. This is not a parking fine. Only the police or the local council can do that.

These are issued on the basis that you have accepted a contract by parking there and breached it by staying too long. To make that work they would have to hang signs over almost every bay and anyway, they still cannot show loss. The way to stop them dead is to write back refusing to give them the name of the driver. They have no power to make you as they are not the police. They only have a 'contract' with the driver and not the registered keeper. That will not stop them writing to you but it will put a stop to any real action being taken. They won't know who to sue.

I must stress though that you should not lie and say that you were not the driver. Some people have been doing that. Its not ethical to do that and if this gets to court that would amount to an offence. There's no need to anyway. You can just refuse the details.
Customer: replied 7 years ago.
Thankyou Peter, however,when they keep sending out threatening letters and the Bailiff appears at the door, all this can get quite stressful, they may even interfere with my credit score, such as a default, also will this £75/150 debt follow me around for ever and a day?This is the grief i dont want, however im not prepared to throw my money at these easy companies.

They would have to take you to court and you have a strong defence as set out above - I would be minded to write as advised - I have noticed that they generally stop chasing if they know that you know the law - ie the difficulty which they have as to the contract point.

I hope that this helps

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Customer: replied 7 years ago.
OK, i have decided, i wont pay them, i have contacted the Trading Standards {Isle Of Wight} and have been informed that several upset people have tried to contact this Enforcement Company and have no Response, they have written in and again had no response. It appears they bury their head in the sand. So Unprofessional. Thankyou for your replies Peter. Kind Regards XXXXX XXXXX
My pleasure

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