UK Traffic Law

Have UK traffic law questions? Ask a traffic lawyer online.

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

I received a private parking notice from civil enforcement…

Hi i received a...

Hi i received a private parking notice from civil enforcement stating that i had parked unathorised (without permit) at a private parking space. I would like to know if I can appeal. The parking used to be a council parking for the community centre and swimming. I used to park there as I worked for the council a year ago. I didnt realise the signage had changed.

Lawyer's Assistant: Can you tell me what state this is in? And do you know who owns the lot?

Its in the UK

Lawyer's Assistant: Do you need to appear in court?

Its the local authority but is now manned by a private car parking company

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was at the car park for an hour and 14 mins

Show More
Show Less
Ask Your Own UK Traffic Law Question
Answered in 8 minutes by:
10/22/2017
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,546
Experience: Over 5 years in practice.
Verified

Is there any reference to the council in the fine?

Ask Your Own UK Traffic Law Question
Customer reply replied 9 months ago
There is no reference to the council
Customer reply replied 9 months ago
I am alright to chat than call
Customer reply replied 9 months ago
This is the first notice i have received. At this stage I would not be going to court
Customer reply replied 9 months ago
I would like to know the grounds to appeal the notice.

Ok. When was it issued please?

Ask Your Own UK Traffic Law Question
Customer reply replied 9 months ago
On 29.09.17. I received it on 9th october as I was on holiday for a week.
Customer reply replied 9 months ago
The notice is demanding - £60 penalty to be paid within 14 days and £100 thereafter. I have been waiting for the pictures of the signage of the site as I dont live in the area and had gone to visit. Unfortunately the friend has delayed send the pictures which are extremely clear but I didnt notice them on the day.

Ok. Are you unwilling to risk being sued?

Ask Your Own UK Traffic Law Question
Customer reply replied 9 months ago
From what I gather they cannot sue me as they are not the landowner.
Customer reply replied 9 months ago
Thats why I am seeking legal advice - to establish if the notice will be appealable and if so on what grounds.

Oh there is no point in appealing.

These private land fine appeals are a quango and have no real authority.

If you are going to find this then just ignore them.

The question is whether you can risk being sued

Ask Your Own UK Traffic Law Question
Customer reply replied 9 months ago
I think there is a new law since 2012 under the new law the registered keeper is liable for the offense and hence they have to appeal and if the appeal is rejected a popla code has to be provided. The motorists then appeals through Popla.
I just wondered on what grounds I could appeal in your opinion.
Is the fine proportionate, what loss/losses the company incurred if I parked there for 1hr and 14mins.
They can not sue me without
taking me to court. Usually the fine is less than the cost of taking the case to court.

Well, as I said really. There is no point in appealing for the reasons above.

The case of Beavis has considered the sum of fines and they have been deemed to be lawfully. The sum of loss point is lost as a result of that case.

if they sue they will seek the sum of the fine plus costs of roughly £35 and fixed solicitors costs of £55.

Ask Your Own UK Traffic Law Question
Customer reply replied 9 months ago
Thanks very much : so that means pay up or ignore if you would risk being sued. I am sure there has been other cases that have been won after the beavis case.

That is basically the choice you face.

The probability may be very low but you need to be aware of the risk.

I'm happy to continue with this but please rate my answer.

Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,546
Experience: Over 5 years in practice.
Verified
Jo C. and 87 other UK Traffic Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jo C. Your Own Question
Jo C.
Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 71,546
71,546 Satisfied Customers
Experience: Over 5 years in practice.

Jo C. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

37 satisfied customers

Qualified Solicitor

Buachaill

Buachaill

Barrister

19 satisfied customers

17 years experience

Kasare

Kasare

Solicitor

13 satisfied customers

LLB (Hons)

Max Lowry

Max Lowry

Solicitor

12 satisfied customers

LLB, 10 years post qualification experience

Jo C.

Jo C.

Barrister

71,546 satisfied customers

Over 5 years in practice.

James Mather

James Mather

255 satisfied customers

Senior Partner at Berkson Wallace

Joshua

Joshua

Lawyer

144 satisfied customers

LL.B (Hons), Higher Prof. Dip. Law & Practice

< Previous | Next >

Related UK Traffic Law Questions
P, my husband has received a County Court Business Centre
Since laws vary from place to place, what state is this in?… read more
James Mather
James Mather
255 satisfied customers
As a registered keeper I have received a PCN from Civil
As a registered keeper I have received a PCN from Civil Enforcement Ltd. It relates to exceeding a free parking period by 30 mins. I wasnt the driver - its unclear who it was - but think it was my wif… read more
James Mather
James Mather
255 satisfied customers
MY DISABLED BROTHERS CARER PARKED IN A PRIVATE CAR PARK NEXT
MY DISABLED BROTHERS CARER PARKED IN A PRIVATE CAR PARK NEXT TO MY BROTHERS HOUSE. HE THEN WHEELED HIM IN HIS WHEELCHAIR TO THE HOUSE, THEN RETURNED AND DROVE TO ANOTHER PARKING SPOT TO FAR AWAY TO PU… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
144 satisfied customers
I have been issued a parking charge notice from ParkingEye,
I have been issued a parking charge notice from ParkingEye, showing the front and rear of the vehicle and times entering and leaving the Whiteley Village shopping centre car park on Easter Monday. I w… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers
Hello I have just received a Parking Charge Notice from Civil
Hello I have just received a Parking Charge Notice from Civil Enforcement Ltd, Liverpool stating that I parked my wife's car 12:21:26 to 17:59:25 on 29 Mar 14 in a Car Park in local Chandlers Ford, Ea… read more
James Mather
James Mather
255 satisfied customers
Hi The building where I live has an underground secure parking
Hi The building where I live has an underground secure parking which is managed by "Premier Park". I have a parking permit however I only use when I hire a car and it happened that I simply forgotten … read more
James Mather
James Mather
255 satisfied customers
I have received a parking notice charge for parking in a disabled
I have received a parking notice charge for parking in a disabled space displaying my blue badge and clock I had parked in a private car park in a health centre the centre was closed because it was th… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers
I have received a Parking Charge Notice from UK CPS Ltd for
I have received a Parking Charge Notice from UK CPS Ltd for parking in a Disabled Bay without displaying a blue b adge. I was in fact parked in a Parent & Child space, and was there for no more than 1… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers
Is it legal for a traffic warden to issue a parking ticket
Is it legal for a traffic warden to issue a parking ticket to a motorist who parks his car in front of a dropped kerb which has no markings on the road to make that person aware of its existence pleas… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers
I dont live in the UK full time, about 1/3 of the time, but
I don't live in the UK full time, about 1/3 of the time, but I do keep a car here. I got a parking ticket in Hounslow's Civic Centre car park when about 6 minutes late back to the car. I was late back… read more
UK-Justice
UK-Justice
Master's Degree
10,176 satisfied customers
I was clamped and the council is the landowner. They are claiming
I was clamped and the council is the landowner. They are claiming that as a landowner they have common law powers to 'permit and refuse entry to their land' (a housing estate in this case) and this al… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers
I parked in MacDonalds at Stansted for 1 hour and 40 mins not
I parked in MacDonalds at Stansted for 1 hour and 40 mins not realising there was a 60 min restriction. I went into the restaurant, had a meal and read the newspaper before I left. I have had a Parkin… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers
I was given a penalty charge when parked on a Sunday at 5pm
I was given a penalty charge when parked on a Sunday at 5pm on a single yellow line. when I appealed i was told that my offence was to park adjacent to a 'dropped foot-way in contravention of rule 243… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers
recently parked in a retail centre car park for 2 hours 14
recently parked in a retail centre car park for 2 hours 14 minutes, the anpr has captured the images and I failed to notice the signage which does state Max 2 hours parking, no retiurn within 2 hours.… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers
I parked in a shopping centre car park on 15th December 2010
I parked in a shopping centre car park on 15th December 2010 and parked slightly outside of the space (I just pulled up alongside the care next to me which had done the same). The car park was not bus… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
144 satisfied customers
My wife was issued with a PARKING CHARGE NOTICE 04/12/10. The
My wife was issued with a PARKING CHARGE NOTICE 04/12/10. The notice was issued by a UK PARKING CONTROL LTD for being 'parked on a taxi rank'. £90 reducible to £50 if paid within 14 days. The taxi ran… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers
I recieved a private ticket through the post back in september.
I recieved a private ticket through the post back in september. The company are civil enforcement ltd. They state that i parked in a space owned by a private owner at avebury boulevard , Milton Keynes… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers
Hi I parked in a private free car park but not in a marked
Hi I parked in a private free car park but not in a marked bay.... was not causing any obstruction to any other user..... and was parked for about 10 mins. I got issued a council PCN........ is this P… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,546 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x