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I have just received a civil parking charge notice after overstaying…

I have just received a...
I have just received a civil parking charge notice after overstaying by 10 mins at a Lidl car park in Ashford. I was not aware that there was a max duration of 90 mins allowed as I did not see any signs when I parked. They have sent me a charge certificate requesting payment of £45 but this will double to £90 if I do not pay by 19 Oct. Is this legal?
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Answered in 1 minute by:
10/17/2011
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,547
Experience: Over 5 years in practice.
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Who issued the notice and is there any mention of the local council?
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Customer reply replied 6 years ago

It was issued by Athena ANPR Ltd of Chertsey who according to the charge notice are members of the British Parking Association

 

No mention of Ashford or Kent council.

 

The notice shows a picture of my car entering Lidls car park at 14.05 and leaving at 15.46 an overstay of just 10 mins.

Have you admitted being the driver yet?
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Customer reply replied 6 years ago
No
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 man-ner 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. Please note that DOES NOT mean you should lie. Some people don't seem to be able to see the differ-ence between REFUSING the name of the driver and giving false information but there is a very substantial one. They have no power to force from you the name of the driver as they are not the police. They only have a 'contact' with the driver and not the registered keeper.

Please note that will not stop them writing to you. They will send lots of threatening letters. They will pass it on to debt collection and they may get a solicitor to write to you. Unless you actually get a court summons these communications are nothing to worry about. Refusing details of the driver puts an end to any real action being taken.

I'm happy to discuss this but please remember to click on accept.

Ask Your Own UK Traffic Law Question
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 man-ner 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. Please note that DOES NOT mean you should lie. Some people don't seem to be able to see the differ-ence between REFUSING the name of the driver and giving false information but there is a very substantial one. They have no power to force from you the name of the driver as they are not the police. They only have a 'contact' with the driver and not the registered keeper.

Please note that will not stop them writing to you. They will send lots of threatening letters. They will pass it on to debt collection and they may get a solicitor to write to you. Unless you actually get a court summons these communications are nothing to worry about. Refusing details of the driver puts an end to any real action being taken.

I'm happy to discuss this but please remember to click on accept.

Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,547
Experience: Over 5 years in practice.
Verified
Jo C. and 87 other UK Traffic Law Specialists are ready to help you
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