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Euro Car Parks (again)


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Hi all,

 

First time poster, but long time reader for the forums. I'm basically after a bit of support on this. Situation as follows:

 

Received a letter from ECP on the 11 June 2007 demanding money (£50 if paid within 14 days, £70 after) from an alleged overstay in the Forbury Retail Park in Reading on the 14/4/07. I responded to them asking for the following information:

 

1. Full details of the charge

2. Full break down of the charge

3. All evidence proving vehicle was where it was stated to be

4. Name of the driver

 

They responded to me with the usual 'your comments have been noted, but your dispute has not been upheld' letter on the 26th October (4 months later!). I promptly sent them the cease and desist notice. I heard back from them with a carbon copy letter ('your comments have been...blah blah') about a week later. Followed by a letter from Control Account requesting payment. I responded to both ECP stating that they have yet to substantiate their claim and I cannot help you further (hooray for great template letters!) and I responded to ControlAccount referring them back to ECP (another template used).

 

Both letters sent on the 17 December 2007. I received a letter from ECP (another carbon copy but with price increased to £95) on 14 January 2008 followed today (21st January) by a letter from Control Account threatening me with court action (notice of intent to make a civil claim).

 

I also made the mistake of phoning my local trading standards regarding this issue and was told that as registered keeper of the vehicle that if it went to court the balance of probability would be that if I was unwilling or unable to provide who was actually driving the vehicle at the time then it would be assumed that the driver was indeed me.

 

To be honest, I've been doing OK up to now, but starting to feel really quite worried now. I'm pretty sure that they don't have a case against me, but it's all seeming a bit 'real'. Any advice on whether I should respond again to either ECP or ControlAccount or just 'let it lie' would be greatly appreciated.

Many thanks!

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Have they actually asked you who the driver was?

Have they provided you with the information you have asked for in the template letters?

 

If not it is they who will have difficulty in showing any judge (in the highly unlikely event this gets that far) that they have properly attempted to resolve this dispute.

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

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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Blimey. Quick response Bernie, thanks :)

 

No, they haven't asked who the driver was and I have made no mention of the fact that it may or may not have been me... just that I need to know who it is to pursue things further.

 

They haven't provided me with any information whatsoever throughout this incident regardless of what I have asked.

 

Should I send another letter to the ControlAccount guys telling them to 'go away' or just leave it at that and file the rest of the correspondence? Is it even worth sending anything to anyone in based on the fact that I just get the same letter back time and again?

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Shows your local TSO guys have not got it right. You are under no obligation to answer questions that haven't been asked.

 

In your shoes (as they are just sending standard letters) I would send the "cease and desist" letter and that would be it.

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

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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