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Is this car parking enforcement company really likely to take me to court over a parking charge notice?
In December I overstayed my welcome in a TK Maxx multi-storey car park. The free parking limit is four hours - I was there for 4 and a half hours. Following advice I have often seen in your column, I sent a cheque for £10 for a minor breach of contract when I received the parking charge of £150 (£75 if paid within 14 days) from Civil Enforcement Ltd. They didn't like my cheque and wrote back saying they do not accept my proposal to pay £10 and that they have enclosed my cheque (no cheque enclosed, but not cashed either) and if I do not pay within seven days they will have no option but to issue proceedings against me in the County Court.
While waiting on the return of my cheque, I now have two letters from a company called Newlyn, acting on behalf of Civil Enforcement Ltd. demanding I pay “the amount I owe”, which is now £240. I am now getting to the panic stage. I have never seen full stories in your column of how anyone has handled this and don't know what my next move should be. The panic feeling is further compounded by a letter in today's paper about a similar situation in a McDonalds car park where the reply suggests GW could be taken to court. I would appreciate your advice: Do I continue to resist or is there really a chance that I could end up in court? I would pay the original £75 if forced to, I certainly don't want to pay £240. What are my options, if any?
While waiting on the return of my cheque, I now have two letters from a company called Newlyn, acting on behalf of Civil Enforcement Ltd. demanding I pay “the amount I owe”, which is now £240. I am now getting to the panic stage. I have never seen full stories in your column of how anyone has handled this and don't know what my next move should be. The panic feeling is further compounded by a letter in today's paper about a similar situation in a McDonalds car park where the reply suggests GW could be taken to court. I would appreciate your advice: Do I continue to resist or is there really a chance that I could end up in court? I would pay the original £75 if forced to, I certainly don't want to pay £240. What are my options, if any?
Asked on 15 February 2011 by MW, Cumnock, Ayrshire
Answered by
Honest John
See: www.honestjohn.co.uk/faq/parking-fines. They cannot involve bailiffs visiting your property without a court judgement and to get that they have to invite you to the court to defend yourself. Also the court must be convenient to you, not them. Write back telling them that if they try any more illegal intimidation you will invoke the Protection from Harassment Act 1997. But all this depends on whether or not you actually shopped at TK Maxx. If you didn't, then TK Maxx could (and should) argue that you had deprived its customers of a parking space and thus could sue you for the loss of business.
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