Thread: Falre representation in documentation (legal)

Found it. Fraud Act 2006, Section 2:


2 Fraud by false representation
(1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) “Representation” means any representation as to fact or law, including a
representation as to the state of mind of—
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it
(or anything implying it) is submitted in any form to any system or device
designed to receive, convey or respond to communications (with or without
human intervention).

Nobody wants to help me today

Decided to hit them with this and see what happens:

Parking Control Management (UK) LTD
Appeals Department
PO Box 1161
Slough
Berks
SL2 5PJ
05th June 2007
REF: XXXXXX
Time Clamped: 12:46pm – 05/06/07
Clamper: XXXXXX
REG: XXXXXXX
Dear Sirs,
I am the owner and resident of XXX. As such, I have been issued with a “Parking Permit” and am fully authorised to park in the vicinity, either on XXX Road itself, or any other residential road covered by your parking controls.
It was necessary, this morning, to give my “Parking Permit” to an electrician, who is carrying out some work at my property, as his vehicle (a marked van) was required to be parked outside for the entire day.
At lunchtime, to check on the contractor’s work, I parked on XXX Road, immediately outside my own property, and immediately behind the contractor’s van. I parked shortly after 12:35PM, and took a call on my mobile phone – so I can be certain of the exact time. I left the vehicle for roughly 10 minutes, purely to check on the work in progress, and took a further call on my mobile.
I returned to the vehicle just after 12:45PM to find it clamped, and your operative’s van parked up, still writing out paperwork.
I knocked on their window and explained the situation, but they politely refused to remove the clamp, so I immediately telephoned your office on 01753 512603. This call was timed at 12:53PM. I explained the situation to “Vinny”, but he, too, refused to consider the circumstances, and suggested I simply pay the clamper directly and have the clamp removed, then follow the “Appeals Process”.
With no other recourse open to me, I did, indeed, phone the clampers (13:00PM) and arranged to meet back at my vehicle.
We engaged in a short conversation, during which the clamper (presumably XXX) explained that he was new to the area, so did not recognise my car. Apparently he DOES have the discretion NOT to clamp certain vehicles, providing he knows they belong to residents, who may simply have neglected to display their permit, or have it fallen to the floor. However, unfortunately for me, XXX did not recognise my car, so was “forced” to clamp it. He even embellished further – originally he had walked towards the electrician’s van, believing it would not be displaying a permit – but on noticing that it was, found that mine didn’t. Common sense would surely suggest that, if a marked, liveried van IS displaying a valid permit, that there is a strong chance that a nearby vehicle (of which mine was the only one) may be missing theirs? Apparently not. And as I’ve already described, XXX certainly didn’t wait to find out, as he had finished clamping my car and issuing the paperwork some 10 minutes after I walked into my house.
This letter, therefore, is (first and foremost) an appeal against the £125 release fee which I was forced, under duress, to pay to Parking Control Management (UK) LTD. The appeal is raised on the following points:
1) Your signage clearly states, on the first paragraph, “Unauthorised parking... may result in your vehicle being immobilised”. As I have stated, I am authorised to park on XXX Road, therefore your clamping was in error.
2) Your operative had clearly noted the presence of the contractor’s van in front of my car, as he admitted to checking it first, and finding a valid permit. He failed to exercise reasonable care in ascertaining whether or not my vehicle was authorised to park here, especially, as I’ve already said, because the car was then IMMEDIATELY clamped.
3) In discussion with your operative, it is clear that discretion is allowed if a car is “known” to belong to a resident, even if no permit is displayed.
4) It was made known to me by “Vinny” and by your clamping operative, that I had contacted the office BEFORE parking, I wouldn’t have been clamped. This is not made clear on your signage, and has NEVER been communicated to me, (as a resident or otherwise) therefore you have failed to give me information which I could have used to avoid this situation.
Further to this, and aside from the appeal, your company (and your clamping operatives) have committed a CRIMINAL OFFENCE, and continue to do so every time they clamp a vehicle.
In addition to the clamp and the “Appeals Procedure” notice which were attached to my car, there was a further notice (which I have enclosed a copy of) which reads:
“STOP! This illegally parked vehicle has been immobilised...”
This is a clear false representation. There is nothing “illegal” about parking my car on XXX Road. Even if I didn’t have authorisation to park there it would, at best, be a civil matter, and is certainly not “contrary to or forbidden by law”. By describing my actions as “illegal”, you are making an allegation that I have committed a criminal offence, which is patently dishonest and untrue. As such, I believe that your company has obtained £125 from me by fraudulent means.
The Fraud Act 2006 (Section 2) clearly states:
2 Fraud by false representation
(1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) “Representation” means any representation as to fact or law, including a
representation as to the state of mind of—
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it
(or anything implying it) is submitted in any form to any system or device
designed to receive, convey or respond to communications (with or without
human intervention).

Clearly, you are fraudulently claiming that I have parked illegally, and the payment of £125 which I made to your operative using my Credit Card constitutes a gain for your company.
Unless my money is refunded IN FULL within 14 days of receipt of this letter, I shall put a formal complaint into the police (it is a criminal matter), report your company to the SIA for operating in breach of their guidelines. I will also escalate the complaint to the landowner, and will advise them that criminal offences are being carried out by their agents. I shall also begin an action in the Small Claims Court, where I will be claiming for the £125 which was extorted from me, the filing fee for starting the court proceedings, compensation for the 30 minutes I was delayed by my vehicle being unlawfully clamped, and my time taken in preparation of the case against your company.
I am aware that your stated duration for an appeal to be heard is “within a 28 day period”, but this letter should be considered as a “letter before action”, and if I don’t receive a satisfactory response within the 14 day timescale I have given you (which is considered reasonable in law) then I shall not hesitate to take further action without additional warning.




XXXX