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Hi, I'm a newbie on this site and have to say I wish I found it a long time ago. I recently had a parking fine through the post for £75 for an alleged offence from CCS Collect who are collecting on behalf og G24.
I've sent them an email a copy of which I'm putting below this line....
What evidence do you hold that shows I was parking in your car park over the allotted time? If you hold documentary evidence please provide copies of the same. As a private car park, any claim you have lies in contract and not in Statute. I could only be contractually liable if I personally parked a car in the car park. Mere evidence that a car registered to me was parking in your car park does not prove that it was the case that I parked it.
What are your charges for parking in the car park? If there are no charges then what are the contractual terms that you (your client) apply in relation to this car park.
Please provide me with a copy of any ticket you claim to have issued.
Please advise me how it is alleged I have breached any purported contract. In anticipation of receiving the documents requested above I would make the following comments:-
As your claim lies in contract it represents a claim for damages for breach of that contract. Your penalty charge of £75 (OR WHATEVER THE AMOUNT AS THIS CAN VARY FROM SITE TO SITE) bears no correlation to the damages you have allegedly incurred.
In light of the damages you have claimed, your claim represents a penalty charge and is consequently not recoverable le in contract law.
It is my view that any contractual terms you rely upon to claim your penalty charge are unfair and consequently unenforceable pursuant to the Unfair Terms and Consumer Contracts Regulations 1999 and the Unfair Contract Terms Act 1977.
Please refrain from any further contact regarding this matter unless and until you have answered each of the points above and where appropriate provided copies of the letters referred to. I have found your letters distressing and put you on notice that any further attempt to demand monies from me without responding to my reasonable request for information as set out above, will result in my solicitors being instructed to bring proceedings under the Protection from Harassment Act which entitles me to an award of damages together with a non-harassment order. In that event my solicitors will also seek the cost of those proceedings.
Can anyone tell me, was this the right thing to do or should ALL correspondence be in letter form only and NOT email??
Hi,
While email is good, I would follow it up with a snail mail. the problem as I see it is that some email recipients don't have auto response and if theirs is like that how can you definately say they got it.
By sending recorded delivery, you have proof it was delivered and therefore read.
I know nothing about parking law but that letter you did is pretty good to me.
fox
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
The Fox is right - get it typed up and sent by recorded delivery. You have always got to keep in your mind that the very very worst case scenario is that something could go to court and if it does you need to show the judge you have done everything you should have.
T_F_T
09/07/09 Business Studies BA(Hons) 2:1
eCar Insurance overpayment - £325
Settled in full - 15/09/08 NatWest Student A/C bank charges - £260
Settled under hardship scheme - 08/06/09 Natwest Business A/C bank charges - £60
Settled in full as GOGW - 20/04/09 Santander Consumer Finance late payment fees - £60
Part settled for £48 - 01/03/08 Peugeot Finance late payment fees - £50
Settled in full before county court hearing - 01/09/09 Peugeot Finance overpayment of £247
Settled in full - 01/12/08 Valley Leisure - complaint about collections agent
£160 part refund of gym membership in compensation - 01/02/09 HFC Bank - complaint about payment deducted from my account on wrong date
GOGW £10 - 01/05/09
G24 and CCS appear on the evidence of this forum to be safe to ignore as they will not issue a court claim.
If they have an email address and don't read their emails, it is their problem really (they probably don't read the letters they get either). Whether they get an email or a letter they are likely to do exactly the same as what they were going to do anyway.
You've done too much already. Don't contact them again and certainly don't waste your time and money by sending letters, recorded or otherwise.
The Fox is right - get it typed up and sent by recorded delivery. You have always got to keep in your mind that the very very worst case scenario is that something could go to court and if it does you need to show the judge you have done everything you should have.
We've never seen any parking company take someone to court when they have previously failed to make contact.
Should hell freeze over and a parking company waste their money trying to take a Silent Bob to court, just tick the mediate box on the court papers and *then* contact the parking company, to appease any judge.
Have I Done The Right Thing??
through the post for £75 for an alleged offence from CCS Collect who are collecting on behalf og G24.
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Re: Have I Done The Right Thing??
Business Studies BA(Hons) 2:1