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ian176

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  1. Hello all,thanks to the ace site i have not yet and will not pay a ticket that as been sent to me.just wanted to ask some advice on my ticket and this is as far as its got a the moment and this is the letter i sent to them and they have replied back,just wondered what to do next,thx ian Dear Controlaccount and Euro car parks ltd I am writing with reference to PCN number xxxxxxxxx which you issued directly to my home address without prior warning.I have since taken some legal advice on the previous letter regarding this private PCN and have several legitimate grounds on which to contest its validity. The PCN simply states that my vehicle was parked in a disable bay on wednesday 14th november .Well i borrowed my van out that day to a friend of mine as i was a juror on jury service that day .Therefore I am not responsible for the payment of this PCN TICKET the driver is in accordance with the terms and conditions displayed at the the car park. How am i supposed to have agreed to any terms and conditions on that day when i was not even using my vehicle ,so in what way have i specifically breached any such terms and conditions. So there appears to be no basis for the charge other than me being the present owner.I think you will agree it is not customary to be charged for parking when not using the facilities,its the driver who is responsible not the owner. Your conduct in this instance is in direct breach of the DVLA code of conduct pertaining to the enforcement of parking restrictions on private land. Vehicle keepers should be made aware that their name and address will be requested from the DVLA”. No such notice was ever placed on my vehicle but you clearly obtained my personal details from the DVLA without my prior knowledge in order to send your PCN to my address. Under these circumstances I will consider writing a strong letter of complaint to the DVLA regarding your abuse of this system. If pressed they may decide to withdraw your company’s right to obtain vehicle keeper information.From a legal standpoint, I understand that private charges can only be based on contract. You will have to prove in court that I agreed to a contract, agreed to park under the terms of the contract, that I agreed to pay a charge if I breached the contract and that I actually did breach the contract. I deny that such a contract ever existed as i was not driving my vehicle that day,and I believe this is an unenforcable charge. I hope you will now agree that not only is this an inappropriate penalty, but you are also in breach of the code of practice as stated by the DVLA. I now expect a full written apology and notification in writing that you are going to withdraw your charges with immediate effect.Your failure to respond appropriately to this letter within the next 12 working days will result in the following actions on my part. I will report your company to the DVLA for your failure to comply with the code of practice. I will report your company to the office of fair trading. I will write a strong letter of complaint to both my local MP and contact the local press regarding your conduct and methods used in an unlawful attempt to extract money from me and I will report this entire incident to the police for nuisance and harassment and for attempting to extract money using threatening documentation purporting to be of an official nature.You should also take note that any further threats for money will most certainly be reported to the police under the protection of harrassment act 1997. this is there reply........ In response to your email, you are correct it is the person who drives and parks the vehicle who agrees to the terms and conditions of the car park. If you would care to furnish us with the details of the driver we will contact them directly. We are members of the British Parking Association and we have the status of "Approved Operator", this allows us through the DVLA to obtain details of the registered keeper of a vehicle for the purpose of enforcing parking contraventions, therefore at this stage we have acted in accordance with this. Once we have the details of the driver we will of course stop any further correspondence being sent to you. Regards Cathie Customer Services
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