Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I've posted about these people before when my son parked on Tesco for all of 20 mins and got back to a ticket, shortly followed by threats from this Europark company.
I have passed on all the advice I've been given on here, very good advice, I may say and posted again the other day, but unfortunately I think it was posted in the wrong place!
After following the advice, a further letter was received from the collections department of Controlaccount Credit Management saying that it is a legal requirement to send notice of an intention to make a Civil Claim before that claim is issued and this letter fulfils that requirement and has been sent to you at the last address we hold for you.
This is your final chance to prevent Litigation; if you ignore this warning proceedings may commence and judgment will be sought. The cost relating tosuch litigation willbe added to the amount claimed (£75), together with interest at a statutory rate of 8%.
What my lad needs to know is whether he replies to this and if so, in what manner. Any ideas please?
To whom it may concern
[Add their title and address, Miss Jones}
I am in receipt of your letter dated [insert the date ] alleging that a vehicle registered to me overstayed an arbitrary duration in a vehicle park attached to one of your stores.
As I am sure you will be aware, it is the driver of the vehicle with whom any contract to park was made, not the Registered Keeper. You will also be aware that the terms of any such contract must be set out in such a manner as to be obvious to anyone with whom you wished to make the contract. These terms must comply with all applicable contract law, such as the Unfair Contract Terms Act 1977.
Should you wish to pursue this claim, please supply evidence that the person parking the vehicle you allege to have overstayed the set duration would have had the opportunity to read the contract terms. Such evidence must be, as a minimum:
• a detailed route and timings of the vehicle's travel into and through the vehicle park;
• a detailed route of the driver's passage out of the vehicle and into the store - this and the evidence listed immediately above are to show that the driver had reasonable opportunity to see and read the contract terms;
• photographs of all relevant signage in situ in locus in quo at the time of the alleged overstaying so as to show that the signs were actually readable;
• an accurately-drawn, scaled, map showing the location of each sign and indicating which you believe the driver would have had the easy opportunity to read (the routes of the vehicle and driver should be superimposed upon the map);
• details of the weather conditions at the time, in particular the visibility (all to be confirmed by the Meteorological Office);
• sufficient details of the driver with whom you claim to have made a contract to enable their unique identification;
• a detailed description of the processes followed to record and analyse the evidence of the alleged overstaying; and
• a notarised statement from a senior manager at the store to the effect that your recording and analytical systems were working normally at the time of the alleged overstaying.
Without the above, I cannot entertain your claim and any further demands for payment will be considered harassment and will be reported to the police with a view to your criminal prosecution under s1 of the Malicious Communications Act 1998, s85 of the Postal Services Act 2000, s127 of the Communications Act 2003, and/or s2 of the Protection from Harrassment Act 1997 - this last with a view to the court issuing a Restraining Order against you. Additionally, civil action will be taken against you personally and your employer to cease and desist and for the recovery of all costs, together with a substantial payment in compensation for the mental pain and suffering caused.
I expect your reply by return, either providing the evidence requested above or indicating simply your termination of this correspondence.
They started nothing. They issued you with a charge because you broke the rules. Now you want to play games with the enforcement officer.
God your sad! enforcement officer?????? HA ha ha ha ha ha ha. translated means sad person thinks he/she is a police officer who patrols car parks in the rain with thier little note book handing out useless bits of paper!
These Europark just won't go away!
at a statutory rate of 8%.
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Originally Posted by Julian Fiddlepot
