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Max Lowry
Max Lowry, Solicitor
Category: UK Traffic Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I recently received a parking ticket at Hartlepool Marina but

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I recently received a parking ticket at Hartlepool Marina but this was not a council ticket. The local business told me to ignore the ticket as it was on private land and could not be enforced. This morning I received a letter from Ethical Debt Recovery Services stating I now owe £120 and if I did not make the payment in full I they would begin full recovery procedures which may include legal action and additional charges! Where do I stand legally and was I given false advice am I liable to pay the now doubled fine?
Submitted: 6 years ago.
Category: UK Traffic Law
Expert:  Max Lowry replied 6 years ago.
Hi welcome to Just Answer. I will help you with your question. Can you please tell me what was the name of the company that issued the ticket? Also, have you admitted to them that you were the driver of the car?
Customer: replied 6 years ago.
The ethical debt recovery services ltd letter says they are acting on behalf of LDK Security Group limited! I have had no correspondence with them so have not admitted to them who was driving.
Expert:  Max Lowry replied 6 years ago.
Thank you for confirming. I understand LDK are a private firm. The land they patrol is also private in which case the ticket you received is not enforceable. The difficulty they will have is that neither they or the debt agency actually know who the driver of the car was at the time the ticket was given. I would simply write back to them telling them in no uncertain words that you will not tell them who was driving the car. Without a name they cannot take this matter to Court. You will probably still receive various letters from the debt agency and maybe even a solicitor but unless they know who the driver was they cannot proceed. Max
Customer: replied 6 years ago.
If I continue to fight this and the debt recovery agency could my future credit rating be affected? The letter is actually addressed to my husband as he is the registered keeper of the vehicle and is concerned it may affect him?
Expert:  Max Lowry replied 6 years ago.
This can only effect your credit rating if the debt agency issue legal proceedings against you and successfully obtain judgment - but they need to prove who the driver of the car was - the registered keeper is not always the driver of a car. The county court judgment would be registered against your name. However, they are not the Police or the local council - in these cases you are required to disclose who was driving. Private parking fines are based in contract law and there is no requirement to say who the driver was. Your husband should write back to them refusing to say who the driver was - without the name of the person driving they will be hard pushed to successfully obtain judgment. If you don't want to write to them you can either ignore them or pay them the money. If they continue to harass you with letters chasing the fine you should write back quoting the Administration of Justice Act. Companies like this rely on frightening people and threatening all kinds of legal action and legal costs.
Customer: replied 6 years ago.
If we were to offer to pay the original fine would that be worth doing or will they insist on the full £120? This is a final demand letter yet we have received nothing in the interim informing us that the matter was to be taken further. The annoying thing is I had parked there because I couldn't get into the disabled bays but had my wheelchair dependent grandfather with me!!!!
Expert:  Max Lowry replied 6 years ago.
If you make an offer to pay they will most likely want the full amount. They will not be looking accept half the money. This is typical of such companies where they will send out a final letter when they haven't even sent a previous letter. They want people to pay and they want the money straight away. They will not even be interested in any reasons why you happened to park on their "patch". You continue to ignore the letters and demands and if and when they issue legal proceedings your husband can defend them on the basis he was not the driver and they have sued the wrong party. To be fair these companies will probably not do anything when they find out they cannot find the real identity of the driver - they would simply want to avoid the risk of losing their own money.
Expert:  Max Lowry replied 6 years ago.
Hi, please let me know if I can assist further. Please press accept. Max
Customer: replied 6 years ago.
For max,
Hi my husband, being such a worrit, has spoken to the debt recovery agency who have told him that as he is the registered keeper of the vehicle it hid responsibility to know who was driving therefore he is liable. They have told him to pay by Friday or legal proceedings will be started! Is this the case! Think my husband is frightened to fight it. He believes we should pay! Had I known this I would have paid the lower £30 fine!!!!!
Expert:  Max Lowry replied 6 years ago.
Comments like the one your husband was told are all too common. If he refuses to tell them the name of the person driving then that should be the end of the matter. He is not liable as he was not the driver. The fine is against the driver.

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