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Car was towed and I paid £395. Letter of appeal HELP PLEASE


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Hey there

 

Need help... How does this sound:

 

FORMAL COMPLAINT

 

I am writing to appeal against my recent ludicrous fine of £395.00 to get my car released from the CES compound.

 

Firstly, there is not adequate warning in the private car park that the car will be towed away if it is left there. The signs that I find actually look more like Neighbour Hood Watch signs.

Secondly, the car was presumably ticketed, then clamped before it was towed. So why was I not given warning before it was towed away?

Thirdly, the amount charged is the same figure that may be charged for a very serious offence such as drink driving. Under no circumstances would parking in a private car park, causing absolutely no obstruction, and not taking up any space (given that the car park was near empty) be considered as serious an offence as drink driving.

Fourthly, when I called the number 0844 800 4944 I was met with a very rude response from a man, who also demanded this extortionate fee off me. It then took me a long time to get to Edmonton. The instructions of where the compound was were extremely unclear and so it took me an extra half an hour of walking around a strange part of London alone which - as a young, single female - is extremely dangerous.

 

I am appealing because I am outraged and think the whole situation is disgraceful. Despite parking on private property, I didn't park in anyone's bay and I wasn't causing an obstruction. I have only VERY recently (two weeks) moved into the flats by the car park, so I was unaware of the potential threat to my car and had simply parked there briefly while I carried up heavy bags.

 

Unless I get a full refund of £395.00 within 14 days I will be taking court action.

 

My address is

 

(blah blah)

 

I look forward to receiving a cheque for £395.00 made payable to *****, before Tuesday 12th October 2010

 

________

 

Any advice is MUCH appreciated on this. I have to send the letter tomorrow (Tuesday 28th) to be within the 7 days limit

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I don't think this letter is going to get you very far. I understand your anger, but you need to do some research and find out what, if anything, they have done which can be formally challenged. This is what I think:

 

Firstly, there is not adequate warning in the private car park that the car will be towed away if it is left there. The signs that I find actually look more like Neighbour Hood Watch signs.

 

This is potentially a good line - but whether the signage is "adequate" is not something you can just take a judgement on. You need to find out what the legal requirements are, and whether the signs comply. If they do, then they are legally adequate.

 

Secondly, the car was presumably ticketed, then clamped before it was towed. So why was I not given warning before it was towed away?

 

This is just a question - they can just answer it. "It is normal practice to ticeket prior to towing". It doesn't get you anywhere unless you can assert a definite irregularity.

 

Thirdly, the amount charged is the same figure that may be charged for a very serious offence such as drink driving. Under no circumstances would parking in a private car park, causing absolutely no obstruction, and not taking up any space (given that the car park was near empty) be considered as serious an offence as drink driving.

 

Alas, comparing the scale of charges to a hypothetical fine for someting else is again not going to get you anywhere. (Justified though you are!) The question is, what are they entitled to charge, and have they overcharged you.

 

Unless I get a full refund of £395.00 within 14 days I will be taking court action.

 

They will wonder, as I do, what exactly you will be suing for. You have not identified anything illegal on which to bring a case.

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