Letter Before Claim received

[DKBilbot]

Hello

A LBC has been received relating to a car park fine. The situation is that the keeper parked in a car park for 20 mins at around 1am on the day concerned and was picked up on ANPR. 2 letters came from the parking management people and now a LBC has arrived. The letter doesn’t state how to write to them in response to the LBC, just talks about how to pay the debt.

The fee is currently £180. The land parked on is used daily by many people to stop and eat a takeaway from a nearby fast food place, and the keeper assumed that this was OK to do at night.

There are signs which state no parking overnight between 12am and 6am but the font is very small and it’s not a well lit parking area, although very large. It also doesn’t have gates.

Does anyone know what should be done in response to the LBC? Obviously the keeper doesn’t want to go to court, or ignore the letter, or get a CCJ - and £180 is ALOT of money for them at the moment.

Any advice greatly received.

If they ignore this, it is likely to go to court. Unless they can show that the signage was inadequate, they will lose in court.

If they let it go to court and lose, they should pay within one calendar month of the date of the judgement. If they do, the CCJ will not appear on their public record or credit file.

If they don't want to go to court, don't want to ignore the letter and don't want a CCJ, their only option is to pay. They could ask the parking management company if they can pay in instalments, but the parking company doesn't have to agree to that.

What did the first two letters say? Was it the initial fine, it's unusual for it to be £180 straight away. They usually say it's say £80 but if you pay within X time it will only be £60 or something similar. You could try and fight it, but to be honest, if the signage is there, even if small, it's unlikely you would win at court. I'm not sure why you would assume it's okay at night?

The first letters were the initial fine then the increase. Based on advice from various places, these were ignored. Now the LBC has arrived.

The keeper assumed that it was ok at night because they’ve used this car park, like hundreds of others, during the day for the takeaway. It didn’t even register. There are no gates, there are no large signs with closed times on solely, and it’s poorly lit.

Will discuss paying the fee with the keeper and go from there.

There are signs which state no parking overnight between 12am and 6am but the font is very small and it’s not a well lit parking area, although very large.

Is the font actually unreadable?
I would always check a sign about parking restrictions before I parked in a car park and if it was too dark I'd use my phone light to read it.

It seems as though the person would have been aware that they hadn't read everything on the sign (all parking conditions), which is on them.

The font is readable, it’s more that theres a whole paragraph of words that the times are boxed in to. It obviously wasn’t read and an incorrect assumption was made that the same rules applied for parking at night as day. This is a young, new driver - they just didn’t think.

The first response is the only one you need OP

Yes, going to discuss it later.

@DKBilbot
The first letters were the initial fine then the increase. Based on advice from various places, these were ignored.

When you say "advice from various places". Where was that? You can't just ignore fines and hope they go away. Why would they? They parked somewhere they shouldn't and got a fine for it. If they contact the company they may, I emphasise may, let them pay the original amount. However, they are there to make money so might not.

Based on advice from various places, these were ignored

Before the Protection of Freedoms Act 2012 and the Supreme Court decision in ParkingEye vs Beavis in 2015, that was good advice. Prior to that, ignoring parking companies usually worked. However, it is now clear that action can be taken against the registered keeper of the car regardless of whether they were the driver who parked used the car park, and the courts will uphold the penalties imposed by parking companies in most cases provided the signage is adequate and they have complied with the industry code of practice.