How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
Type Your UK Traffic Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

In May 2013 at night I fell asleep at Knutsford Services whilsts

This answer was rated:

In May 2013 at night I fell asleep at Knutsford Services whilsts resting during a long journey.

The car I was driving was leased from my company and the parking offence notice recording that I had overstayed the permitted time was submitted to my employer who has passed the notice onto myself
The parking company did not affix a notice to the car before I left the services and I was oblivious that I contravened any potential contract.
The only evidence provided is the entry and exit timed photographs.

It is my belief that the notice served by the parking services operator contravenes The Protection of Freedoms Act 2012 appendix 4 para 7/4 regarding affixing of notice.
Is this correct


Jon Bradshaw

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

I was desperately tired and falling asleep so stopped at Knutsford services for a rest. Fell asleep for approx 3hrs and drove off immediately on waking. I had no idea that there was notice restricting length of stay as the area was not brightly lit and I did not see any parking restriction notices.
My first knowledge of the alleged breach of contract was when I received a copy of the parking charge notice from my employer from whom I hired the vehicle.

I have emailed the perking contractor with this information but they are still insisting on payment of penalty.
Thank you for this information. I am getting an erratic signal and will get back to you as soon as possible. Thank you for your patience.
Sorry for the delay. Who is the issuer of this fine please?
Customer: replied 4 years ago.

This is a private land fine. They are not parking fines whatever they may look like. I realise that many of them mimic those issued by the council or the police but they do not have the same authority.
A private land firm is not an emanation of the state. It does not have the right to punish you for the manner of your parking any more than your neighbours do.
This is essentially an invoice arising from a civil dispute. They say that you accepted a contract by parking there and breached it by staying too long or otherwise parking at variance with the contract.
Private land fines used to be very easy to escape by refusing the details of the driver. They only have a contract with the driver. Unfortunately the Protection of Freedoms Act came into force in October 2012 and it makes the registered keeper liable for the penalty if he does not disclose the details of the driver within 28 days.
All that means is that the claim runs against the registered keeper. It just makes it easier to find the person against whom there should be enforcement.
The chances are high that they will not sue. Even though the law has recently changed in their favour and they were quite aggressive in the beginning, they do not sue in the majority of cases.
If they do sue then they would only have a claim for the sum of the original fine plus about £35 in costs. They will send you debt collection letters in which they will threaten to sue you for their debt collection costs. Do not be intimidated by that. They have no claim for that.
Even if they do go to court, they would still have to prove that the signs are adequate and clear. Quite often they are not.
Also, they will have to prove that they have suffered loss. They may be able to claim a very small amount in administration costs but it is going to be the sum they are trying to claim from you. Their loss would seem to amount to no more than about £5.
They will send you some very nasty letters though. You will get debt collection letters making threats of legal action. They will probably get Graham Whyte solicitors to write to you as well. None of these are anything to worry about. It will not impact upon your credit history and it will not add to the costs.
Unless you actually get a court summons, none of these correspondences have any legal basis. If you do get a court summons then you can always part admit the claim and offer £5 for their loss.
Hope this helps. Please let me know if you need more information.
Jo C. and other UK Traffic Law Specialists are ready to help you