Free Traffic Legal Advice

Thanks so much for the prompt response. No they did not explain why a second LOC was issued.
I will update you once the claim form arrives. Thanks.

Thank you for your suggestions.

Please see below reply from Gladstone Solicitor. I will appreciate your advise/suggestion on this matter:

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Thank you for your correspondence and apologies for the delay in responding.

 

Your comments are noted however, the Notice to Keeper was sent in accordance with POFA. The period of parking is not applicable as the vehicle was parked when no parking is permitted however, the time of the charge is provided.

 

The charge sought is industry standard and is set at a rate so as to suitably satisfy our client's legitimate interest. In the case of ParkingEye v Beavis 2015 it was held that an £85.00 charge was neither extravagant nor unconscionable. The Accredited Trade Associations of which parking operators must be a member in order to apply for DVLA data prescribe a maximum charge of £100 and our client's charges are within this level. 

 

The decision of the Supreme Court also made it clear that the charges are not penal nor do they have to be reflective of the parking operator's loss.   

 

We refer you to the IPC code of practice Part E Schedule 5. This confirms the following: 

 

‘Parking charges must not exceed £100 unless agreed in advance with the IPC. Where there is a prospect of additional charges, reference should be made to this where appropriate on the signage and/or other documentation. Where a Parking Charge becomes overdue a reasonable sum may be added. This sum must not exceed £70 (inclusive of VAT where applicable) unless Court Proceedings have been initiated.’


1. The Amount Due/ Debt includes £70.00 claimed by our Client for the time/resources spent facilitating the recovery of the unpaid parking charge notice(s) pursuant to its ATA’s Code of Practice and the Terms and Conditions of the Contract, which was entered into upon the driver of the vehicle entering the Relevant Land. The amount is a pre-determined and nominal contribution to our Client’s losses as a direct result of your non-payment. VAT is not applicable as the parking charge notice which was issued to you is a contractual charge.

 

2. Motorists can park on the site in accordance with the terms and conditions on the sign, without incurring a charge but to park without incurring a charge they may need to display a permit; purchase a pay and display ticket; become an authorised user, it is whatever the sign states. If a motorists wishes to park ‘as they please’ within reason, they can do so but pay a charge for this ‘privilege’, the charge is set out on the signs and by a motorist parking otherwise than in accordance with the signs they accept the charge at the point of parking and a valid contract is formed. The charge is due within 28 days of being incurred, if the charge remains unpaid after this date the contract the motorist entered into is breached and a debt is owed to our Client, they are then entitled to damages that have occurred as a result of the breach.

 

In absence of full payment within 14 days of this email we suggest you follow the steps on the Claim Form upon receipt of the same.

Payment can be made via bank transfer to the account detailed as follows:
Amount Due: £170.00