Private Parking Tickets - Template Letters - If you wrote before finding this site.

[Bernie_the_Bolt]

IMPORTANT INFORMATION

 

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

 

This is what the writer would do in the contemplated circumstances. It is placed freely in the public domain on the basis that if it is used no liability of any kind attaches to the writer and/or the publisher.

 

Any person relying on this information does so entirely at their own risk.

 

****************************************************

 

A Cautionary Note

 

Since I drafted these templates, life and experience has moved on.

Much of the advice given now is to ignore completely all correspondence from PPCs.

 

My only slight reservation about this is that in the remote possibility of a case being argued in court, would a failure to respond be presented by the claimant and accepted by the court as the actions of an unreasonable person? Would this then count against you?

 

It really comes down to how you, personally, see the risk and whether you are prepared to run the risk.

 

If you are not comfortable to ignore all communications and are not happy with running the risk I outlined above then the templates are possibly for you.

 

I have always said, and stand by the view that you should not initiate correspondence.

 

The “sticky” entitled Private Parking Tickets - Template Letters shared my approach for how I would deal with a private parking ticket from the outset and before I had communicated with the private parking company.

 

I then wondered how I would approach the position if I, or say for example my wife, had already written to the private parking company explaining the background and basically appealing to their better nature. I’m also thinking that we had then received a response telling us that our appeal had been rejected.

 

This sets out the approach that I would then take.

 

I do recommend that you first read the sticky entitled Private Parking Tickets - Template Letters because that does include some detail, background and information that I have not repeated here.

 

This does NOT apply to those parking tickets issued by the LA, police or Traffic Wardens. You are free to this approach provided you read and agree to the “Important Information” at the top and foot of this post.

 

Again I acknowledge the excellent work by petej2811 in his article which can be seen here. His work is the inspiration behind much of this and he deserves appropriate credit. If I repeat anything he has said it is meant as a compliment and if I say anything in disagreement it is meant with respect.

 

Add to your armoury for complaints with a compaint revolving around the data protection act. See here for details.

 

Feedback with any typos, inaccuracies, omissions, improvements, errors etc is most welcome. I may come back and edit this post (subject to permissions) to add and clarify matters including relating to feedback.

 

We do also need to think about the exception to not initiating correspondence that I referred to on the other thread. If I was not the owner of the car (say for example I had a company car, hire car or garage courtesy car) the person identified as the keeper would receive the letter from the private parking company, pay the bill and seek to recover the funds from me under alleged contractual obligation.

 

So what I would do is to try and employ the technique above by getting the owners of the car to write and obviously amended version of the letter above. They might be reluctant to do so in which case I would trya and persuade the owners either to write and give my name only (as driver) and failing that my name and address. In the event of there being no co-operation from the vehicle owners, this is the only circumstance where I would initiate correspondence. This is the letter I would write:

Dear Sirs,

 

Re: Vehicle Reg No: [#]

 

On [dd mmmm yyyy] you issued a parking ticket to the above mentioned vehicle that I had parked in [state location].

 

Could you please advise the basis in law that you feel enables you to issue a parking ticket that appears to mimic those issued by the police, traffic wardens and/or local authorities and to levy penalties

 

In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.

 

Yours Faithfully

The response to the “appeal” rejection:

The option of pushing back and saying that they need to take the matter up with the driver is now not available to us so we need to modify our approach. My response would read something like this:

Dear Sirs,

 

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

 

Thank you for your captioned letter.

 

Since I wrote to you I have been doing some research.

 

I now understand that your “parking ticket” purported to have been issued with the force of law behind it. I now believe this not to be the case.

 

Would you please advise me what statute(s) and/or judicial precedent enable you to enforce this penalty against me.

 

In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.

 

Yours Faithfully

If you are lucky that will be the end of the matter and you will hear no more.

 

It is more likely that they will write again, this is where it becomes more tricky to compose a template. What I have done is to write a basic letter and made suggestions for paragraphs you can insert depending on what they have said.

 

The basic letter:

This is the top and tail ready for paragraphs to be added.

Dear Sirs,

 

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

 

I refer to previous correspondence.

 

[#]

 

Unless you provide evidence to substantiate your claim against me I shall be unable to assist you further in this matter and I restate my denial of this claim.

 

Yours Faithfully

The variable paragraphs to add to the basic letter:

You will need to make the appropriate amendments if you are writing for someone else.

You may need to write more than once. I suggest that two or three times is sufficient before moving on to a “cease and desist” letter.

 

If they have simply ignored what you have previously said.

At this juncture there is nothing further that I can add to my letter of dd mmmm yyyy (copy enclosed).

If they allege that you entered into a binding contract with them:

You appear to claim that I entered into a binding contract with you. Please provide evidence that your purported contractual terms were communicated to me in a way that I read, understood and accepted them prior to leaving my vehicle.

 

Even if I did - which I deny - it is my claim that the charge you allege I have to pay you is unenforceable at law being an unlawful penalty charge.

If they allege that you trespassed:

You appear to claim that I trespassed. I deny that I committed this tort and that any liability to you arises.

 

Even if I did - which I deny - it is my claim that the charge you allege I have to pay you is unenforceable at law being an unlawful penalty charge and not an appropriate remedy for trespass.

If they have added further charges:

I note that you have increased the amount of the alleged debt. Given that you have failed to substantiate and support your claim that I am indebted to you; this is unreasonable, inappropriate and, quite probably, unlawful. In addition to my previous denials I absolutely deny any liability to you for this additional sum.

If they threaten debt collection:

I note your comments about debt collectors. Given that this debt is in dispute I shall simply advise them that the debt is in dispute and they will have to refer back to you.

If they threaten court action:

I will welcome the opportunity to defend your allegation in court and am confident of success. Of course you will be required to produce the evidence that I have requested and you have failed to provide. You will also have to answer to the court why you failed to do so.

NOTE: In either of the two circumstances above, you may wish also to add the relevant bits from the "Cease and Desist letter".

 

The cease and desist letter:

Refer to the section with the same title in the sticky entitled Private Parking Tickets - Template Letters.

The same letter applies.

 

If you receive a letter from debt collectors:

Refer to the section with the same title in the sticky entitled Private Parking Tickets - Template Letters.

The same letter applies.

 

IMPORTANT INFORMATION

 

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

 

This is what the writer would do in the contemplated circumstances. It is placed freely in the public domain on the basis that if it is used no liability of any kind attaches to the writer and/or the publisher.

 

Any person relying on this information does so entirely at their own risk.

Edited July 24, 2009 by Bernie_the_Bolt
Added cautionary note