Private Parking Tickets - Template Letters

[Bernie_the_Bolt]

IMPORTANT INFORMATION

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

This is what the writer would do in the contemplated circumstances. It is placed freely in the public domain on the basis that if it is used no liability of any kind attaches to the writer and/or the publisher.

Any person relying on this information does so entirely at their own risk.

************************* ************************* ******

Recently a number of posters have stated how useful it would be to have a set of template letters.

The following are my examples that I would use myself. They apply only to private parking tickets NOT to those issued by the LA, police or Traffic Wardens. You are free to use them provided you read and agree to the “Important Information” at the top and foot of this post.

Firstly, let me acknowledge the excellent work by petej2811 in his article which can be seen here. His work is the inspiration behind much of this and he deserves appropriate credit. If I repeat anything he has said it is meant as a compliment and if I say anything in disagreement it is meant with respect.

This information is prepared on the assumption that there has been no correspondence with the private parking company. If a letter has already been sent to the private parking company then a different approach is needed. By all means read this, much of it will be relevant but you will also need to refer to the sticky entitled http://www.consumeractiongroup.co.uk...-template.html

Add to your armoury for complaints with a compaint revolving around the data protection act. See here for details.

Feedback with any typos, inaccuracies, omissions, improvements, errors etc is most welcome. I may come back and edit this post (subject to permissions) to add and clarify matters including relating to feedback.

The basic approach:

To coin a phrase first used by Pat Davies, I think, on this forum – be “icily polite” at all times. My rules for the correspondence are:

• Do not initiate correspondence.* This means ignore the ticket but keep it. Only write when they have written to you.
• Do not ignore letters (unless and until you have written a “cease and desist” letter).
• Keep copies of all correspondence.
• Do not answer their questions but ask your own.
• Do not use any of the following in your letters: anger, sarcasm, irony, begging, sob stories, excuses etc.
• Write nothing that you would not be proud of if read in court.
• Do not add technical details unless you are absolutely sure of their accuracy.

* There is an exception to this which is that if I was not the owner of the car (say for example I had a company car, hire car or garage courtesy car) the person identified as the keeper would receive the letter from the private parking company, pay the bill and seek to recover the funds from me under alleged contractual obligation. If thsi applies to you, refer to the sticky http://www.consumeractiongroup.co.uk...-template.html

By doing this you will

• Be acting reasonably.
• Maintain your credibility.
• Have a real chance of making them give up.

Drafting notes:

Where something appears in square brackets eg [dd/mmmm/yyyy] it is for you to insert what is relevant to you.
You may need to make contextual changes for your circumstances.

The first letter:

The purpose of this letter is simply to acknowledge theirs and to deny liability. It should read something like this:

Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

I acknowledge receipt of your captioned letter. It seems that you have got my details from the DVLA and I confirm I am the keeper of the vehicle in question. You need to take this matter up with the driver concerned.

In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.

Yours faithfully

If you are writing for someone else (eg partner, parent etc) you will need to have your partner/parent etc write as follows:

Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

I acknowledge receipt of your captioned letter. It seems that you have got my details from the DVLA and I confirm I am the keeper of the vehicle in question. I have appointed my [husband etc] [Mr John Smith] to act on my behalf and protect my interests in this matter.

Please direct all further correspondence to [him/her].

Yours faithfully

And you then write an amended first letter as follows:

Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

I have been asked by [my wife] to handle this matter for [her]. [She] wrote to you on [dd mmmm yyyy] (copy enclosed). You need to take this matter up with the driver concerned.

In the meantime [she] absolutely denies your claim that the amount claimed or any amount at all is due to you from her.

Yours faithfully

If you are lucky that will be the end of the matter and you will hear no more.

It is more likely that they will write again, this is where it becomes more tricky to compose a template. What I have done is to write a basic letter and made suggestions for paragraphs you can insert depending on what they have said.

The basic letter:

This is the top and tail ready for paragraphs to be added.

Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

I refer to previous correspondence.

[#]

Unless you provide evidence to substantiate your claim against me I shall be unable to assist you further in this matter and I restate my denial of this claim.

Yours faithfully

The variable paragraphs to add to the basic letter:

You will need to make the appropriate amendments if you are writing for someone else.
You may need to write more than once. I suggest that two or three times is sufficient before moving on to a “cease and desist” letter.

If they have simply ignored what you have previously said.

At this juncture there is nothing further that I can add to my letter of dd mmmm yyyy (copy enclosed).

If they refer to you as owner.

I note that you refer to me as owner. I have acknowledged only that I am the keeper.

If they claim that you are responsible for the alleged debt.

You appear to claim that I, as keeper, am legally responsible for this alleged debt. I deny this. Please substantiate this claim with appropriate citations of case and/or statute law.

If they have added further charges:

I note that you have increased the amount of the alleged debt. Given that you have failed to substantiate and support your claim that I am indebted to you; this is unreasonable, inappropriate and, quite probably, unlawful. In addition to my previous denials I absolutely deny any liability to you for this additional sum.

If they allege that you were the driver or that you have to name the driver:

If your allegation is that I was the driver then please produce evidence of this to substantiate your claim. I have to advise you that the driver could have been any one of a number of people and I keep no records of who has driven the car on any given day.

If they threaten debt collection:

I note your comments about debt collectors. Given that this debt is in dispute I shall simply advise them that the debt is in dispute and they will have to refer back to you.

If they threaten court action:

I will welcome the opportunity to defend your allegation in court and am confident of success. Of course you will be required to produce the evidence that I have requested and you have failed to provide. You will also have to answer to the court why you failed to do so.

NOTE: In either of the two circumstances above, you may wish also to add the relevant bits from the "Cease and Desist letter".

The cease and desist letter:
With this letter you are basically telling them to "put-up or shut-up".
Having followed the steps above, particularly if a further two or three letters have been written after the initial denial. It will be a very rash private parking company to take it further. They will simply have to explain why they did not respond.

Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

I refer to previous correspondence.

I do not feel that you are acting reasonably in this matter.

I have asked you to provide evidence to substantiate your claim against me and you have not done so. I feel that I have done all that I can to assist you. Unless you provide evidence to substantiate your claim against me I shall be unable to help you further in this matter.

This alleged debt therefore remains disputed by me. Save for supplying the evidence referred to above I must ask you to cease and desist correspondence with me.

Other than as described above, any further correspondence from you or any other party in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

Yours faithfully

If you receive a letter from debt collectors:

Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

This alleged debt is in dispute. I have written to your principal on a number of occasions and they have failed to substantiate their claim.

In the circumstances please refer this matter back to your client.

Any further correspondence from you in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

Yours faithfully

IMPORTANT INFORMATION

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

This is what the writer would do in the contemplated circumstances. It is placed freely in the public domain on the basis that if it is used no liability of any kind attaches to the writer and/or the publisher.

Any person relying on this information does so entirely at their own risk.

[Alianmid]

Thanks for this Bernie - I have just collected a £50 unwarranted charge from EuroCar Parks - Luckily before I fired off a fuming letter I read your advice which I will follow - Thank you again
I have posted on the subject under 'Euro Car Parks £70 charge' thread if you are interested in details for the record.

[PK1961]

Thanks Bernie, these are invaluable.
I have received a PCN from Parking Eye, after being 14 minutes after the allocated 2 hours in the ALDI car park in Upminster. Really annoying as this was a public car park previously with no limits. I was going to pay, but not now.
On thing that I have not seen in the threads is that they portray they have photographic evidence, does this affect anything or should I follow the letters you have above?

[ShortlyTdwarf]

Having photographic evidence of the parking offence they claim you have committed makes absolutely no difference. It does not show who the driver of the vehicle was on the date and time concerned, so it can only be used to prove that the contravention to their rules took place, not that you were the person driving at the time.

[voxlaic]

You might be interested in the following.
I have had notification from Avon & Somerset Police that they have appointed a police station to look into the matter and contact me, but as yet I have not been contacted.
If many victims also refer their situations to the police we could ensure something is done about this illegal activity.

071222 - Letter to UKPC in response to Parking notice which had no response

I act for the recipient of the above notice. Your charge is unlawful and unenforceable The pseudo official replication imparts intention to deceive and defraud, is threatening and has caused stress to my client.

Rather than also cause my client additional financial loss I advise you to make payment to my client of £65.00 to cover my charge to him for this letter.

If you ignore this payment or persevere

TAKE NOTICE THAT

● Any further contact or communication must be addressed to (the writer)

BE AWARE

● If this requirement is disregarded it could cause action that would probably rely on (The Administration of Justice Act 1970 & Protection From Harassment Act 1997 and misuse of DVLA records) to be implemented AND reports will be sent to the Police requesting them to implement action against you, the landowner and any other party invovled

AND THAT -

• further communication to me from your company WILL NOT be responded to UNLESS full clarification of the following matters have been presented -

• Precise details of your Company's registration at Companies House and a list of it's directors/owners
• For the land/premises upon which the incident occurred – Identification and full details of all the registered title holder(s) together with details and the terms of any tenancies granted
• Full details of the conditions laid down by the land owner or tenant in respect of restrictions or terms levied for vehicles parking on the land
• Full details of any contract authorising UKPC to act for and to levy charge or penalty on the referred to land/premises.
• Details of any signage or other means you purport informs car park users that there are terms and conditions under which they may park vehicles on the land
• Full explanatory detail of the alleged charge referred to in your notice

After further communications, the last being from a entity attempting to portray the impression of being a solicitor or debt collecting practice, I contacted the police

080208 - emailed via Police website – could not transmit bitmaps

Mr ********* (my client) visited the Aspects Leisure Park for the purpose of making trade with one (or more) of the traders that are located there. As a consequence and without any intention or purposeful endeavour on his part he is being illegally pestered and harassed by an entity that describes itself as United Kingdom Parking Control (UKPC) Ltd.

In order to gain planning permission (PK/2190/R3F granted 7/sept/04) for the development the owner(s) Aspects Leisure Park Newnham Avenue Bedford Bedfordshire MK41 9PP were obliged to provide and maintain car parking facilities for use by any vehicle user attracted by the facility. Furthermore in order to attract retail buyers and tenants for the premises they constructed AND in turn the potential customers for those retailers - they have chosen, or have contractual reasons -

Not to make any charge for such provision.

Criminal law does not apply because the car parking areas and access roads on their property -

• have NOT been adopted by the local authority and are NOT subject to any by-law
• the passage of vehicles upon private premises or roads is NOT subject to any statutory Act and were it to be any prosecution would be a matter for the Police and/or Local Authority.

Their inference that drivers automatically enter into a Private Contract would be questionable because

• their provision of car parking is obligatory (planning requirement)

• their maintenance of the facilities is also inherent in the requirement and the entitlement to park is free -

that were they to somehow establish in a Court that a contract was generated by a driver electing to park - the only outcome their land owner would have for a breach of any conditions they implied would be for any loss and/or restitution of any damage that occurred as a consequence of parking and in all cases that would be zilch.

If they were to base their claim on the presence of signs and wordage displayed on entering the Leisure Park it also could be easily contested since

• the wordage would need to be prominent and fully explanatory
• the usage of mimicked statutory markings/signs would have to be made clear.

UKPC Ltd must be aware of these shortcomings and therefore together with the landowners for whom they purport to be agents or contractors knowingly acted and continue to act illegally and should therefore be prosecuted under at least Section 40 of the the Administration of Justice Act 19701

Attached are copies of related documents from which it can be observed that UKPC have -

• harassed and endeavoured to intimidate and frighten my client
• mimicked statutory road markings and signage
• made similarities to official documents in the manner and wordage of their documents and correspondence
• illegally and/or abusively used DVLA systems and records
• failed to indicate on the site that a condition of parking requires compliance in a manner of use that is similar to those indicated by the statutory markings that they have copied
• wrongly inferred that an 'offence' occurred - that it was a 'penalty' – that 'parking fines incurred' and implied the DVLA permitted 'parking tickets' to be issued.
• Are threatening action in the County Court for 'breach and compensation for parking on private property' and are wrongly asserting outcomes and consequences

(While the land ownership might be private the condition of it's 'Use' determines that the 'traffic plan' inherent in the granted planning permission is adhered to which requires them to provide and maintain public vehicle parking)

1 Section 40 of the the Administration of Justice Act 1970 provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

• harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
• falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it
• falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
• utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of

• of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
• of the enforcement of any liability by legal process.

It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

[PK1961]

I have received a call from ALDI who informed me that they had to employ Parkingeye plc as the council no longer wanted to "police" it. ALDI have cancelled the charge as I did go into their shop and purchase something that day. I have heard nothing from Parkingeye plc since the photographic eviidence was sent to me. I assume it has been forgotten about and ALDI are no longer taking my calls. I had the sense that they are fed up with the situation as they mentioned I was not the first to complain!

[andreaarty]

Hello Bernie,

I am new to this and this is my first post so I hope I'm doing it right!

I have read the letters regarding parking tickets, which seem very helpful but how helpful are they when I have already started the ball rolling.....?

I received a penalty charged when my boyfriend, driving my car and is new to this country so his reading and writing skills are not brilliant, parked in a private car park by mistake. He thought it was the private car park for the restaurant/bar he was meeting me in as the car park was just over the road from the restaurant/ bar.

We were sent a fine for £60.00 and were told we could only appeal when the fine was paid. We sent a cheque along with the appeal. However, unfortunately my boyfriends wages were late getting to his account and the cheque bounced. They then sent us a fine for £80.00 and told us we have lost our right to appeal!

The car park had two big notices upon entering informing 'Permit Holders Only', where my boyfriend parked had no sign displayed. It was 8pm when he parked there and we were only an hour at the most. The car park was completely empty so we were not obstructing anyone.

Do we still have a leg to stand on as we had attempted to pay, in doing so aren't we admitting to liability?

Thanks for any advice on this matter.

[ShortlyTdwarf]

Not necessarily. Since the cheque has bounced and you haven't actually paid them there are still means to get them to back off.

Firstly, read Bernie's other sticky on this here regarding what to do if you've already contacted them and then start your own thread posting up the letters/notices you've received so far with personal details removed. Someone will soon advise you as to the best course of action.

[andreaarty]

Hello ShortlyTdwarf

Thanks for your reply. What do you think to Petej2811's post:

"I see your charge as unlawful, uneforceable and I am not liable. I will not be providing any payment and your continued pursuit of this matter will constitute an offence under the Protection From Harassment Act 1997. I consider the matter closed and am explicitly instructing you not to contact me again for any reason."

and then if they reply to move onto Bernie's various letter?

[LoveableRogue]

bernie and voxlaic, you're great .

best,



loveablerogue

[steve16]

Has anyone had any dealings with Combined Parking Solutions ?
Thanks