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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 25959
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Received Contractual Parking Charge Notice

Resolved Question:

I have received a Contractual Parking Charge Notice from G24 Ltd. after overstaying in their client's (Wickes) car park by 45 minutes between 19.33 and 22.48 p.m. It's for £95 or £75 if paid within 14 days. If not paid it goes to a Debt Recovery agency. Is this legal and should I pay?
Submitted: 5 years ago.
Category: UK Law
Expert:  Joshua replied 5 years ago.
Joshua :

Welcome to JustAnswer! If you've queries once you've read my answer do ask.

Joshua :

Have you contacted them in any way to date please?

JACUSTOMER-hlk2ej7v- :

No only received the notice yesterday.

Joshua :

Thanks. Providing you have not admitted to being the driver you can safely ignore the ticket and any request to name the driver regardless of whether you were the driver or not. They need to be able to prove who the driver was at the time of the incident.

Joshua :

Parking fines in private car parks are based on contract and there is no requirement in law for you as a driver to disclose the identity of the driver. Without this admission the parking company cannot take any further action as they need to have somebody to actually sue - namely the driver for breach of contract.

Joshua :

If you refuse to identify the driver, that's where the matter ends notwithstanding that they will no doubt send you a number of increasingly threatening reminders including potentially empty threats that they will obtain a Norwich Pharmacal Order to order you to disclose the identity of the driver which seems to be a new favourite of theirs or a threat that they will obtain an order for disclosure which the court is very unlikely to grant as it is a small claims court action and courts are not ready to grant such orders in such matters as a rule. Eventually though they will give up as they know the above just as well as you now do.

Joshua :

The position is different the Council issued and police issued parking fines which can be enforced through the courts but unless you identify the driver for a parking fine issued in a private car park, then in practical terms, the ticket is unenforceable

Joshua :

Is there anything further I can help you with?

JACUSTOMER-hlk2ej7v- :

Yes they state that I was the registered keeper, which is correct, can they pursue me because of that?

Joshua :

No they need to be able to show who the driver was at the time. Your being the registered keeper does not assist them with this.

Their notice is nothing more than an invoice. Even if they were successful in obtaining an order for disclosure and was successful in suing you which is highly unlikely as above, they could still only recover their reasonable losses which should be very minor as any overstay of parking or parking without a ticket has not really cost them any real economic loss. We would be talking a few pounds at best. In practice; for the above reasons, these companies do not actually pursue these matters in court but rely on scare tactics to try to persuade a reasonable percentage of people to pay up voluntarily which is essentially their business model

Joshua :

Is there anything above I can clarify for you any further?

JACUSTOMER-hlk2ej7v- :

So by not paying, I will not have a County court or any other judgement against me which will affect my credit record?

Joshua :

They would have to issue proceedings agaisnt you to obtain a CCJ and even then if you pay any court order within the time specified in the order you will avoid a CCJ. If they do (very unlikely) you should not ignore proceedings but rather indicate you intend to defend. However such companies do not tend to issue proceedings for the above reasons. You should expect to receive a series of increasingly threatening letters warning of dire cost consequences if you do not pay and eventually they should give up.

Joshua :

Can I help you with anything else or does the above answer all your queries for now?

JACUSTOMER-hlk2ej7v- :

No that's been very helpful, thanks for the clarification.

Joshua :

A pleasure.


Kind regards

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