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I received a letter from PCP saying I parked in Bristol and

did not display any valid...
I received a letter from PCP saying I parked in Bristol and did not display any valid permit - whereas I had parked on double yellow lines with a Blue disabled badge for well under the permitted 3 hours. I have even looked at the position on Google maps to check I was on OK double yellows and it was fine - and there was no ticket on my car. I appealed and gave them my address as requested saying I was the owner/driver of the car and a photocopy of my blue badge. I have had a letter today asking me to pay the £50. I went online to their site to do this and the fine came up as £100 + admin costs and the same when I tried to pay by phone. Am I now in a situation where I have to pay as I have identified myself etc. Would be glad to know what I have to do as I am a pensioner and £50 is a lot of money. Thanks for any help you can give me.
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9/21/2013
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70,635
Experience: Over 5 years in practice.
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Hi

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

Who is the issuer?
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Customer reply replied 4 years ago


PCP enforcement agency

They are a debt collection company.

Are they also the fine issuers?
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Customer reply replied 4 years ago

For Jo C.


Sorry - It's their heading on the top of the letter which is all I know - they have a website - www.parkingenforcementagency.org if that helps?

Thanks.

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.
Jo C., Barrister
Category: UK Traffic Law
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Customer reply replied 4 years ago

For Jo C

 

I am already having a conflict between paying them to stop the hassle and invasion of my time and being so indignant as to want to be proactive in not letting them get away with it. As a pensioner I want to stand up and fight but lack the same desire I had when younger to fight the good fight! I don't have much money......! Not sure there is any other way around the situation. Thanks for your advice!

Not really.

Ultimately they will keep pestering you. They might sue. They never used to but they are being more aggressive now.

If they do just defend on those grounds.
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70,635
Experience: Over 5 years in practice.
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