not displaying badge in private carpark.....HELP

[help needed]

ok thanks ill prepare a letter and post it on here

[help needed]

hows this

 

 

 

Dear Sirs,

 

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

 

I refer you to my letter dated [date], a copy of which has been enclosed for your ease of reference.

 

I have in the aforementioned letter acknowledged the receipt of your captioned letter dated [date].

 

I also stated in that letter that I was the Registered Keeper of the vehicle in question, as you will have discovered by getting my details from DVLA, but that you must direct your efforts to enforce any penalty to the driver of the vehicle at the time and date of the alleged contravention.I am under no obligation to provide you with the name and address of the driver at the time. ONLY the police have the right to request those details from me.

As you stated in your letter that you take disabled issues seriously i know the Driver did indeed have a valid blue badge which details can be produced should this issue go to county court.

At this juncture there is nothing more that I can add to enable the satisfactory conclusion of this matter for you, therefore I demand that you issue Court proceedings within 14 days or cease and desist from any further contact.

 

Any other form of contact whatsoever, whether by you or your agents, will be regarded as harassment and will be reported as such.

Yours Faithfully

[ShortlyTdwarf]

hows this

 

 

 

Dear Sirs,

 

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

 

I refer you to my letter dated [date], a copy of which has been enclosed for your ease of reference.

 

I have in the aforementioned letter acknowledged the receipt of your captioned letter dated [date].

 

I also stated in that letter that I was the Registered Keeper of the vehicle in question, as you will have discovered by getting my details from DVLA, but that you must direct your efforts to enforce any penalty to the driver of the vehicle at the time and date of the alleged contravention. I am under no obligation to provide you with the name and address of the driver at the time, even if I could be certain who the driver was. ONLY the police have the right to request those details from me.

As you stated in your letter that you take disabled issues seriously i know the Driver did indeed have a valid blue badge which details can be produced should this issue go to county court.

At this juncture there is nothing more that I can add to enable the satisfactory conclusion of this matter for you, therefore I demand that you issue Court proceedings within 14 days or cease and desist from any further contact.

 

Any other form of contact whatsoever, whether by you or your agents, will be regarded as harassment and will be reported as such.

 

 

Yours Faithfully

 

Add the blue part if you want, but the part I've highlighted in red I would leave out. Never give them too much information. Other than that looks fine. Let's see how they respond.

[help needed]

yes i did think i might be giving too much away, so thanks i will send as amended

[Bernie_the_Bolt]

I demand that you issue Court proceedings within 14 days

 

FWIW I am not comfortable with the above. Such a "demand" has no basis in law and in my view undermines the credibility of the writer. For me it shows impatience and a lack of confidence in the writer's position.

 

Just my thoughts.

[Barnsley Boy]

BTB,

 

I respect your opinions greatly but sometimes you do just have to say - "different strokes for different folks".

 

You can always find better wording but the reasoning behind the letter is sound. It is saying "I'm bored with you now, there is no substance to your whining, either put up or shut up"

 

Yes, it may be impatient, but haven't we every right to be impatient with these bullies who threaten and bluster, misrepresent and misinform.

 

The letter also serves as a good marker should it come to making complaints of harrassment and malicious communications.

[Bernie_the_Bolt]

BTB,

 

I respect your opinions greatly but sometimes you do just have to say - "different strokes for different folks".

 

You can always find better wording but the reasoning behind the letter is sound. It is saying "I'm bored with you now, there is no substance to your whining, either put up or shut up"

 

Yes, it may be impatient, but haven't we every right to be impatient with these bullies who threaten and bluster, misrepresent and misinform.

 

The letter also serves as a good marker should it come to making complaints of harrassment and malicious communications.

 

I have no problem with what you say. It's just one of those things that has been nagging. I've never bothered to mention it until now. If people want to say it that's fine by me, I'd just prefer it if they made the decision having thought about the angle I mention.

[help needed]

as this was only my second letter from them and i expect many more regardless of what i write, this is what i sent in the end.............

 

Dear Sirs,

 

Re: Your letter dated 05/03/2008 Reference 63940

 

I refer you to my letter sent to you on the 29/02/2008 by recorded mail, which you acknowledge you have received

I stated in that letter that I was the Registered Keeper of the vehicle in question, as you will have discovered by getting my details from DVLA, but that you must direct your efforts to enforce any penalty to the driver of the vehicle at the time and date of the alleged contravention. I am under no obligation to provide you with the name and address of the driver at the time, even if I could be certain who the driver was. ONLY the police have the right to request those details from me.

At this juncture I ask you to provide evidence to substantiate your claim against me. I have done all that I can to assist you. Unless you provide evidence to substantiate your claim against me I shall be unable to help you further in this matter.

thankyou for all your input but i will send the cease and desist letter if and when i get their next reply

 

 

 

[help needed]

ok got another letter well two together actually..........one is a standard 2nd reminder telling me my charge has now gone up to £192 and the other is a letter which reads....

I refer to the representation made by you in connection with the issue of the above parking charge, thankyou for your letter dated 5th march.your comments have been noted and will be held on file untill this matter proceeds to county court

yours sincerely

 

this is what i intend to send as my reply what do you think....

Dear Sirs,

 

Re: Your letter dated XX/03/2008 Reference XXXX

With reference to my letter dated XX/03/2008 in which I requested you to provide evidence of your claim against me. You have declined to do this by stating that you will only proffer this at the County Court instead of trying to resolve this issue at the earliest possible opportunity. Due to your decision to withhold this information I must inform you that I have done all that I can to assist you in this matter. Therefore I ask that you cease and desist in any other form of contact whatsoever, whether by you or your agents, as it will be regarded as harassment and will be reported as such.

[help needed]

ok got another letter well two together actually..........one is a standard 2nd reminder telling me my charge has now gone up to £192 and the other is a letter which reads....

I refer to the representation made by you in connection with the issue of the above parking charge, thankyou for your letter dated 5th march.your comments have been noted and will be held on file untill this matter proceeds to county court

yours sincerely

 

this is what i intend to send as my reply what do you think....

Dear Sirs,

 

Re: Your letter dated XX/03/2008 Reference XXXX

 

With reference to my letter dated XX/03/2008 in which I requested you to provide evidence of your claim against me. You have declined to do this by stating that you will only proffer this at the County Court instead of trying to resolve this issue at the earliest possible opportunity. Due to your decision to withhold this information I must inform you that I have done all that I can to assist you in this matter. Therefore I ask that you cease and desist in any other form of contact whatsoever, whether by you or your agents, as it will be regarded as harassment and will be reported as such.

DOES THE LETTER SOUND OK

[Barnsley Boy]

Help needed,

 

I think you know the [problem] by now, no chance of UK PAO taking you court [is there Steve ? ]

 

Incidently, UK PAO's statement to you that they would only produce photographic and CCTV evidence on the day of the county court hearing shows a marked ignorance of court procedure.

 

Any evidence which UK PAO were to rely on would have to be submitted to you as part of their statement of claim, well prior to the hearing date. If they attempted to produce new evidence on the day itself, this would instantly be declared unfair and therefore inadmissable.

 

Given the above, your proposed letter is spot on. Please be aware though that UK PAO will carry on writing for a bit. They seem to feel the need to have the last word.

 

[That's OK isn't it Steve ? We don't mind you wasting all those stamps and using up all that red ink.]

[help needed]

Barnsley Boy thanks, not bothered at all if they would like to keep writing to me, id rather keep paying the post office the charge for recorded delivery than give them a penny, and of course i have a defence if they wanna take me to court, they can provide new evidence if they like but i know theres cctv there and ill demand that they show where i went to the office in the carpark with BB afterwards, which of course my mum in law will come to court with me to produce, but obviously she lives nearly 2 hundred miles away from us so maybe i can claim the petrol back from them too on the day

who,s STEVE? is he the lovely man who writes to me?

[pin1onu]

if they would like to keep writing to me, id rather keep paying the post office the charge for recorded delivery than give them a penny, and of course i have a defence if they wanna take me to court, they can

If they ever get you to court don't forget to counter claim for the cost of all those recorded deliveries. :grin:

[Barnsley Boy]

Steve Hall [Hi Steve ] is named as a Director of UK PAO on the Companies House report. Steve Smith is the so called "Senior Appeals Manager" who rejected my "appeal" [which wasn't an appeal at all, merely a suggestion as to where to stick their parking ticket]

 

I have my suspicions that they are one and the same. UK PAO's "head office" is a grotty council house in Stanningly, Leeds. There's only so much room. PPCs aren't known for throwing their money about.

[help needed]

yep i get my letters from steve smith

 

hi

steve......

[GretaGarbo]

Help Needed

They (he) have/has not provided the evidence to substantiate their claim against you that you requested. Instead they are just, as Barnsley Boy pointed out, trying to have the last word. It does not merit a response. Why bother engaging? I am sure you are far too busy to waste your time responding to their desperate attempts to try and intimidate you with their spurious claim for monies. The statement that "your comments have been noted and will be held on file until this matter proceeds to county court" is lame, but said to sound intimidating. I would ignore it, be cool and don't waste your time. They're obviously on the back foot if that's the best response they (he) could muster.

[Barnsley Boy]

I've had exactly the same letter "will be held on file until this matter proceeds to County Court" back in July last year. Those files must be getting awful dusty. I hope Steve [Hi Steve ] is good at DIY, he'll need to be to put up the shelves to accommodate all that paperwork.

[help needed]

BB....... have you had a letter since the one last july,I should still send my cease and desist letter anyway yes????

[Barnsley Boy]

Help Needed,

 

After their letter I sent the "cease & desist" and then stopped writing. I got 3 or 4 invoices after that, increasing the amount claimed by the £3 / day "liquidated damages*". The amount claimed went up to over £300 before Steve [Hi Steve ] stopped writing - must have fallen out with me.

 

From Case Law:

 

*The damages will be considered as liquidated in the following cases:

 

When the damages are uncertain and not capable of being ascertained by any satisfactory or known rule - whether the uncertainty lies in the nature of the subject itself or in the particular circumstances of the case;

 

When, from the nature of the case and the tenor of the agreement, it is clear that the damages have been the subject of actual and fair calculation and adjustment between the parties.

Not the case here - it is clear that UK PAO do not have the least understanding of the legal concepts involved.

 

The contractual remedy for late payment is interest. The courts routinely allow about 8% / year. On a typical UK PAO ticket of £60 this would amount to £4.80. In UK PAOs world they consider that 365 x £3 = £1,095 is more like it, 228 times what a court would allow.

 

This single fact alone makes UK PAOs proposterous claims completely unenforceable. No one should be in the least bit intimidated by their empty threats. If it came to it, a day in court would be a great day out with not the slightest change of losing.

 

If it happens to anybody, please tell me, I'd love to see Steve in person, if only to say Hi.

[help needed]

you can come with me then....

[Barnsley Boy]

It's not going to happen unfortunately, if it did I, and others, would certainly help you formulate the defence statement and turn up on the day to watch Steve [hiya ] trying to explain his understanding of liquidated damages to the beak.

[help needed]

well sent my cease and desist letter and this is the reply i got this morning..........

 

i refer to the representation made by you in connection with the issue of the above parking charge.

thankyou for yuor letter dated ***** . i note from your letter you are requesting evidence of the offence, but as you have not provided the name and address of the driver at the time of the charge being issued, there is little we can do, but issue county court proceedings and let the court decide.

we as a company issue the charge to the vehicle, the DVLA provide us with the registered keeper details at out request. we can issue you with the photographic evidence as enclosed,

the onus is on the driver to make sure he/she leaves the vehicle in an appropiate parking space. we take all disabled issues seriously. as you stated in your letter you have no obligation to supply the name and address of the driver, we have no alternative but to issue court proceedings.

your comments have been noted and will be held on file untill this matter proceeds to county court,

yours sincerely

steven smith

 

 

they kindly enclosed a photo of my car for free too,

[Barnsley Boy]

Help Needed,

 

You know the score. Even if they do issue court papers they won't turn up - will you Steve ?

 

It happened to Abbie, she got her best dress ironed and everything but Steve cried off at the last minute.

 

Don't worry, easy said I know but DON'T WORRY.

 

You've sent them a letter saying "take me to court". They have replied by saying they might............ You should be petrified [NOT]

 

File away in a dark but safe place and let Steve fester.

[help needed]

thanks BB

Im not gonna fret over it thats for sure, let them take me to court, by the sound of the letter if i hear from them again it should be the issue of court proceedings notice, actually i wish they would as i can arrive with my defence, (and my mother in law),

[help needed]

well after the last letter from them saying they would be issuing court proceedings, i have received another letter today asking me to pay £252 now and i have ten days to pay, (fat chance) it also says we will continue to enforce the remainder of the debt and will also continue to increase the daily amount