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Tcp / smart Parking - send cheque to apologise over speculative invoice debacle!!!!


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Here's another victory this year, this time Town & City Parking, ( now Smart Parking)............

My partner received a £70 invoice on 16th Jan 2013 with regard to an alleged parking contravention on private land.

 

The event allegedly happened in Asda, and we had never been issued with a PCN and parking is free with a maximum stay of 3 hours.

 

Will file drop all correspondence in order.....ENJOY.....:-D

 

21 January 2013

Town and City Parking

5 South Inch Business Centre

Shore Road

Perth

PH28BW

 

To Whom It May Concern:

 

parking chargelink3.gif Notice Number: ********

 

I refer to the invoice for £70 that you sent to me on 16th January 2013 with regard to an alleged parking contravention on Private Land. I note that you do not state what the alleged contravention is.

 

I have complained to Rob Tippett, Store Manager of Asda Canterbury who stated,"He is more than willing to intervene if I hit a brick wall with you."

I believe this matter falls under English Contractual Law because the matter does not relate to Public Highway or Council.

 

My first point to you is this ... I have never received a parking chargelink3.gif notice at Asda in Canterbury although, I do shop there at least three times per week, but on the day in question, I was elsewhere. Therefore, your charge is rejected and the debt is disputed. I now require you to provide me with all of the following evidence.

 

• Photographic Evidence clearly showing the charge attached to my vehicle at the time of the event in question.

 

• A Copy of the charge notice.

 

• Photographic Evidence of myself either in or standing next to my vehicle at the time of the event in question.

 

• A Copy of the contract allegedly entered into.

 

• A Copy of your Lease Agreement with Asda.

 

Failure to supply me with all of the above evidence in light of your proposed threats, I will consider an abuse of the Court Process and Failure to prove Liability as in East Kent Hospitals Vs Fagan 2013.

 

My Second point is that you do not own the land in question, therefore, you have no legal right to enter into a contract with a land user on behalf of the landowner, and so it follows that I cannot possibly breach a contract that does not exist - VCS Parking

Ltd Vs HMRC 2012.

 

Even if by some remote chance, you manage to persuade any Court that I am liable; my third point to you is the charge ...

 

The Charge is a Penalty by virtue of the value of the charge. Indeed that particular car park at Asda is free of charge for customers with a maximum stay of three hours. In view of the fact that the Landowner suffered no loss of revenue, to suddenly ask me to pay £70 is a penalty charge and thus not recoverable in law. Excell Parking Services

Vs Hetherington - Jakeman 2008.

 

I would also point out to you that the signage at that particular site is inadequate and therefore contrary to the Unfair Contract Terms Act 1997.

 

Now then ... Should you wish to escalate proceedings against me, I must inform you that I will consider this harassment to which I will seek remedy under Part V (40)Administration of Justice Act 1970.

I will also be obliged to report your behaviour to the Office of Fair Trading.

 

I trust that this concludes our business and it is the end of the matter, for which I would like confirmation by reply.

 

Yours Truly

 

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

 

 

 

...... Parking Charge Notice Number:*******

 

Parking Charge Notice - Cancellation 12 March 2013

 

Dear

 

Thank you for your recent communication received.

I have noted the points you raised and would like to confirm that we are cancelling the Parking Charge Notice.

 

If I can be of any further assistance please do not hesitate to contact me.

Yours sincerely

 

Smart Parking Ltd

Collection Department

Smart Parking ltd also trading as Town and City Parking Registered Office: 5 South Inch Business Centre,

Shore Road, Perth, PH2 SBW Registered In Scotland: Company Registration NO.SC138255

 

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

 

 

Miss *******

16 March 2013

Smart Parking Limited

5 South Inch Business Centre

Shore Road

Perth

PH28BW

 

Whoever this may concern

 

Parking Charge Notice Number: ******

 

I refer to your recent communication dated 12 March 2013.

 

Thank you for the cancellation of the alleged parking contravention.

I now require that you reimburse me for my costs associated in this matter which

consist of:

 

2x recorded delivery letters at £ 1.55 each = £3.10

Stationary and telephone costs = £4.00

Total = £7.10

 

I expect your response within 14 days of this letter.

 

Regards

 

 

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

 

 

21 March, 2013

 

Dear******

 

Parking Charge Notice : *********

 

Thank you for your recent communication received.

I note your comments and as the pcnlink3.gif has since been cancelled for being incorrectly issued we attach a cheque in the sum of £7.10 in respect of your compensation claim.

 

Please accept our sincere apologies for any inconvenience this may have caused.

 

If I can be of any further assistance please do not hesitate to contact me.

 

Yours sincerely

 

Smart Parking Limited

Edited by Scouse Magic
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I have moved your thread to Private Parking - you need do nothing, this is purely administrative.

 

Well done for your successful claim :)

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Nice one :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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