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have recieved a parking ticket from a privave company (Topher Limited) will being parked in Homebase. have 3 queries about this ticket, can anyone help?
1/ The ticket states it is a penalty charge notice several times.
2/ The first line of the small print states that " The vehicles registered keeper will be held responsable for all chages"
3/ The ticket has i list of boxes stateing "reason for issue" none of the boxes are ticked and not reason is given.
Any thoughts or advice before i write back and tell them to go away??
as always any advie much appreiciated
BB
I strangely find myself agreeing with Barnsley_boy .. But for the sole reason being they are calling it a "Penalty Charge" and not a "parking charge".
I would not ignore it, just write back stating they have no legal right to issue a "Penalty Charge" and your refusal to pay on the basis you feel it is unlawful being called a "Penalty Charge".
There is no need to sign or address the letter, (Just sign it Registered keeper of vehicle) but best to send it Special Delivery or similar to ensure they get it, and any further action they may take (very unlikely) you can refer back to the letter you send initially.
If the PPC cannot get the ticket (invoice) right, then its their own fault.
have recieved a parking ticket from a privave company (Topher Limited) will being parked in Homebase. have 3 queries about this ticket, can anyone help?
1/ The ticket states it is a penalty charge notice several times.
As this is a civil contract they have disqualified themselves by making it a "penalty charge" - there is established case law about "penalty charges" in contracts. This is the same case law that is used to recover bank charges.
Originally Posted by BaldyBaldwin
2/ The first line of the small print states that " The vehicles registered keeper will be held responsable for all chages"
The contract is with the driver of the vehicle who has to see the signs giving the restrictions etc. This is not enforcible at law and there is plenty of case law to back it up. They cannot try to enforce a contract with the registered keeper if the registered keeper has no knowledge of it. They have to prove that a contract exists between you.
Originally Posted by BaldyBaldwin
3/ The ticket has i list of boxes stateing "reason for issue" none of the boxes are ticked and not reason is given.
They can't even cite what contravention of the implied contract you've transgressed. So why are they even writing to you.
Originally Posted by BaldyBaldwin
Any thoughts or advice before i write back and tell them to go away??
as always any advie much appreiciated
BB
I would tell them that having contacted you as the registered keeper that you dispute that any contract exists between you.
Tell them they need to take the matter up with the driver of the vehicle.
You don't need to say anything beyond that. You are under no legal obligation to provide them with the name of the driver even if it was you. This is a civil matter and they must prove their case against you. They can obtain your details as the registered keeper from the DVLA by paying a charge.
See the template letters at the top of the forum for examples of the wording.
You might want to consider reporting them to your local Trading Standards at the very least and maybe the police as they have no powers to issue a Penalty Charge Notice. This power is granted to the Police and Councils under the various acts of parliament. If this is a private car park and private car parking firm issuing this notice then they are acting in a dubious and I would suggest illegal manner. I think Trading Standards might be interested.
As a private contract parking ticket, the driver is responsible...not the registered keeper. you need to have seen and read the contract in the car park.
as you werent the driver (you werent were you ) they cannot enforce it anyway
muppets
Dave
** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **
see you stand like greyhounds in the slips,
Straining upon the start. The game's afoot:
Follow your spirit; and, upon this charge
Cry 'God for Harry! England and Saint George!'
If you think I have helped, informed, or amused you do the clickey scaley thing !!
Hi
I got a private parking notice at Asda back in Aug 07,at first ignored it I then got a reminder stating as I did not pay the original ticket it had increased by £20, I then sent them a letter asking they send photographic evidence to me that this was indeed my car ( I already knew they couldn.t supply the same) as I was at work at the time and statements could be provided if necessary to back up my story and their contract is with the driver and not me as the registered keeper, well low and behold I got a letter a week later stating the ticket was cancelled.All I did was follow the instructions set down in these forums. Try it it may work like mine did. HAPPY CHRISTMAS ONE & ALL
private parkingticket, is this right?
from a privave company (Topher Limited) will being parked in Homebase. have 3 queries about this ticket, can anyone help?
LF53
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.. But for the sole reason being they are calling it a "Penalty Charge" and not a "
Originally Posted by BaldyBaldwin
) they cannot enforce it anyway
If you think I have helped, informed, or amused you do the clickey scaley thing !! 