Dear Sir or Madam,
I am in receipt of your invoice for parking at the XXXXX car park on the XX/XX/07. I note you have written to me as the registered keeper of the vehicle, registration number XXXXX. Please be advised that, as the registered keeper of the vehicle concerned, I have not entered into any contract with you for the services you claim to have provided. You need to contact the driver and invoice them directly. I presume you took details of the driver at the time the contract was entered into, as unfortunately I do not have a duty to provide these to you.
Please do not correspond with me any further, except to confirm that you will be not taking the matter any further with me as the registered keeper of the vehicle.
Yours faithfully,
XXXX
This will suffice for any private parking claim where they cannot identify the driver. Obviously with CCTV at night, it is usually impossible for them to do so, but even the daytime CCTV is purely ANPR and doesn’t look into the car at all.
If, for any reason they CAN identify your mate as the driver, there are numerous other get-outs – not least of which is that their “charge” has to be reasonable, and not be a “penalty”.
As far as is generally known, not a single private parking company has ever taken a private ticket to court and won. They rely solely on a % of people paying up, either out of guilt or by pretending it is serious.
I had a debt collection agency contact me once about a previous ticket (I’ve only ever had 2, and neither was ever paid) and it just took a simple letter back to them disputing that a debt existed, and they HAVE to drop it. They have no extra powers, but tend to pretend that they do. Only the court can enforce with bailiffs etc, and this will never get to court. See above. J
I’ve attached a copy of the letter I sent to the DCA and Euro Car Parks (it was disputing an issue with being parked in a Disabled Bay at a retail park – I’d parked as close as I could to the store so their assistant could load something heavy into the car!) as it gives a bit more insight into how to challenge a ticket on any other basis – but the letter above should be sufficient. He’ll probably never get a letter back saying that they’ve dropped it – they won’t want to waste the stamp – and don’t let them argue that the Registered Keeper is responsible, as plainly this is only the case for offences under the Road Traffic Act (including street / council / railway parking offences).
Private parking is ALWAYS contract law. No contract = no charge. Contract, but ridiculous penalty = Unenforceable. J
If it goes any further (i.e. to a debt collection agency - it won't go to the police as it isn't a criminal matter). Try this:
Quote:
Dear Sir or Madam:
I have recently been forwarded a letter from yourselves, as well as a letter from a debt collection agency regarding an alleged unpaid notice, dated ****, where it is alleged a car with the marque ******* was parked in a disabled bay at “****”.
As this is the first time I have been aware of the alleged ticket, I reserve my right to challenge it, even though it is over 2 months since its alleged issue. In fact, as I’m not aware of a ticket being issued in the first place, I would suggest you throw the matter out as a matter of course.
I can confirm that an ** with the registration ** is, indeed, registered to me.
Please can you provide me with documentary evidence to support the issue of this ticket? Your response should address the following points:
1) Proof that the alleged offence occurred
2) Proof the identity of the driver at the time of the alleged offence
3) Proof that the driver entered into a contract and that the contract has been breached
4) Proof that damage or loss was sustained
If you are unable to prove the offence, unable to prove that I am responsible for the offence, unable to prove that I personally entered into a contract with you, or are unable to prove that any damage or loss was sustained, surely proceeding with this matter is impossible?
In light of this, please can you make it clear to me under what legal basis you are looking to recover these monies? As I understand this car park to be private land, and as the ticket was allegedly issued by a private company (rather than a Traffic Warden or Police Officer) I am not aware that it falls under the jurisdiction of the Road Traffic Regulation Act (1984) or similar.
I shall copy this letter to the Debt Collection Agency, and retain a copy for my own file, and anticipate you will order the Debt Collection Agency to IMMEDIATELY cease any work on this case until the allegation can be proven, and you should be aware that I will not hesitate in bringing a counter-claim (holding both Euro Car Parks Ltd. And Controlaccount plc jointly liable) for damaging my credit reference if you proceed with this matter without providing further clarification of the facts.
I look forward to your response outlining what happens next.
Best Regards,
Who didn't read the thread then? It's a private parking ground, the OP did have a permit but forgot to display it. Hardly the start of parking anarchy is it?
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