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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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Hello, yesterday evening around 20:45 I returned to university,

Customer Question

Hello, yesterday evening around 20:45 I returned to university, and parked in my halls of residence car park which only has 5/6 parking spaces. Only 1 was being used at the time, and still only 1 is being used (excluding my own car). It requires a parking permit to use these spaces. However due to is being a saturday evening/sunday morning, the office is close until monday 13:30 and thus I am unable to obtain my permit until then.

At 8.20 14/04/2013 I was issued a parking ticket of £100 with an "issues reason: 0008 - No permit" by Armtrac Security Services, (which I believe to be a private security firm active is Cornwall, UK). Can they enforce with the circumstances and what should my next proceedings be?

Many Thanks.
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Why did you not have a permit?
Customer: replied 4 years ago.



Hi Jo,


It is the first weekend back before of term (term doesn't start till monday).


And this is the first time I have had to bring my car back to university.


And the office were I can obtain my permit from is closed until monday 15th April, 13:30pm.


I add that there is no to contact at all from either agencies at my hall (Tuke House) or Armtrac SS.

Expert:  Jo C. replied 4 years ago.

So did you have a permit?
Customer: replied 4 years ago.



No, I did not have permit.


Because the permit has to be purchased and acquired from the receptionist at the office of my halls of residence; the office was closed when I arrived at 20:45 GMT on Saturday evening and remains closed through Sunday until Monday 13:30 GMT.

Expert:  Jo C. replied 4 years ago.
Were you entitled to return early?

There were no prohibitions upon that in the university terms? I suppose the fact the room was available tends to suggest you were.
Customer: replied 4 years ago.

Yes of course, I couldn't have stay at my halls through the holiday if I had wished. The office is just closed, until monday at which point I will get the permit for the space I am parked in.


What will happen if I ignore the fine?

Expert:  Jo C. replied 4 years ago.

It used to be very easy to escape these private land fines by just refusing them details of the driver. They are issued on the basis of breach of contract basically and they only have a contract with the driver.

However, the Protection of Freedoms Act 2012 came into force in October 2012 and it makes the registered keeper liable if he does not disclose details of the driver within 28 days.

The truth is that they could sue. There isn’t a very high chance that they would but nobody can rule out the possibility that they could. The law has recently changed in their favour so they are more aggressive than previously.

If they facts are as you say then this would not amount to a positive defence but you could ask a court to consider it when assessing loss. I suppose you could also argue that it was impossible to comply but that isn't the strongest point I'm afraid.

Should it get to court you can always ask them to prove that their signs were adequate and that they have been caused loss. They usually claim a certain amount for administration costs when considering the sum of the loss. The signing point can be useful though. Very often they are not prominent or they are unclear in terms of what is actually written upon them.

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