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I have recently recieved a notice of payment of 70.00 for…

I have recently recieved a...
I have recently recieved a notice of payment of £ 70.00 for overstaying on the store car park for 15 minutes..I am a regestered disabled personand parked in a appropiate bay
What is the legal postion of the notice giveb It seems the £70.00 is far in excess for a 15 min overstay
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Answered in 1 minute by:
6/29/2010
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,543
Experience: Over 5 years in practice.
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Have you admitted to being the driver?
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Customer reply replied 8 years ago
no

Hi,

 

 

Good.

 

This is a private land fine. They are unenforceable. This is not a parking fine however it may look. These companies are private firms that have no more right to punish you for the manner of your parking than your neighbour does.

 

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. Nothing will ever happen over this.

Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,543
Experience: Over 5 years in practice.
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Customer reply replied 8 years ago

I indicated I was not the driver at the time of incident. they have responded qauting . Judge AckroydXXXXX combined solutions Verse S Thomas . Found on balance he was most likley to have been the driver at the time. Charges were paid and paid court cost

They are insisting I name the driver at the time of incident.

What do you advise

 

I didn't tell you to say you were not the driver. I told you to refuse the details.

 

Please confirm that you HAVE NOT lied to them.

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Customer reply replied 8 years ago
I was not the driver at this particular time

 

You still shouldn't have commented on that issue. Thats why you are having this problem.

 

They may well sue you. They never used to bother but so many people have refused to pay that they are becoming more militant.

 

 

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Customer reply replied 8 years ago
Do they have a legal right to demand from me the name and address of the driver at th time ???
Please give me the information that i asked for.
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Customer reply replied 8 years ago

I misunderstood and did write and say I was Not the driver at the time or place of the incident, Sorry !!!! To conclude ask have they a legal right to demand the name & address of th driver at the time/date of the incident from me ?

I checked out the car park yesterday there are 68 parking bays and only 6 warning notices , there are several " Blind Spots " were you could park and not see a warning notice

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