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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice.
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I was giving a ticket at a filling station when

Customer Question

i was giving a ticket for parking at a filling station when i was going to look for coins to pump my tyres
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
i was giving a a PCM ticket at a shell filling station in my area on the 9/06/2015.there were some parking spaces close to the air pump machine. I parked there with the intention of going to get some coins to put it in the machine and pum my car tyre, when i return after 5-10minutes i was giving a penalty charge notice on my dash board. "it states that it stated that vehicle parked in a manner which attract a parking charge brought to the drivers attention by the sighnage throughout the site". there is no sighns directly to where i park but on checking it the sighn is at the entrace.
their reason for issuein is that i have park in an area reserved for patrons whilst on site. i dont understanf this because it is this same area we have to pay and pump our tyres.. my 28days notice is very close and i have done nothing. please advice on what to do as i have only 4days for the 28days i have to make the payment is due.
Expert:  Jo C. replied 2 years ago.
Who is the issuer please?
Customer: replied 2 years ago.
The issuer is parking control management
Customer: replied 2 years ago.
The issuer is parking control management uk. They have a black round symbol on top of the ticket written accredited operator and inthe middle they have written IPC.
Expert:  Jo C. replied 2 years ago.
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 arising from an alleged agreement whereby you agree to park for a fee. 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. That is what is in dispute. 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. 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. 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 a small amount for their loss. Hope this helps. Please let me know if you need more information.
Customer: replied 2 years ago.
What should I do now, do I have to ignore it completely until they write to me personally as the 28 days is nearly up and I have done nothing
Customer: replied 2 years ago.
Should I wait until they write to request the details of the driver
Expert:  Jo C. replied 2 years ago.
It depends who much risk you want to take but I would ignore it.
I wouldn't even think of responding.
If they do sue then defend it but it is not likely.
Customer: replied 2 years ago.
Does it mean they will now pass it to bailiff and I will start receiving threatening letters. Also did they have any power to clamp my car when I park anywhere
Expert:  Jo C. replied 2 years ago.
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 a small amount for their loss.
They cannot use a bailiff without a CCJ.