Tweet
Dear Sir/Madam,
Last year in June, the driver in question visited the Cavendish Retail Park in Keighley to go to Sports Direct and purchased some shoes. Unbeknown to the driver, the car park was a camera operated car park and was a pay car park. The driver found this out when they received a notice in July from Excel Parking Services. It is worth noting at this point that:
- The driver was unaware that this was a pay car park; it was not clear to the driver. The driver is an observant driver with no accident history
- It is a retail car park. Usually retail car parks (especially Sports Direct) are not pay
- The driver actually purchased something at Sports Direct
- The driver had used this car park prior to this event and didn't receive any notice
- If it was made clear to the driver that they would receive a £100 fine for not paying then they 100% would've paid. There's no reason they would've chanced it for the sake of 50p.
- The driver earlier this year discovered that 2 of their friends received the same notice from the same car park under the same circumstances. Unfortunately both of them felt rather uneasy by the threatening letters stating that they would receive a CCJ, so they paid.
After ignoring the first 2 notices (as the driver initially thought it was some sort of a scam), BW Legal then got involved. The driver continued to ignore the letters until they received the attached CCBC letter in late Jan 2018. Here they contacted BWL to ask what all of these additional costs were and that they didn't agree with the parking notice; the representative explained they were in the terms and conditions within the car park (again debatable). The driver was initially going to pay to make it go away, but thought no, this is not right!
The driver has been back to the site since the CCBC letter to gather photographic evidence (they parked across the road this time!!). They have since seen a sign at the front which isn't directly in front of the driver and not that clear. Again the Ts&Cs were not clear either. They can in addition provide the images they gathered and a map of the site and where they parked.
The driver then sent a defence statement in (attached) after viewing some of the cases on here. BWL have since indicated that they wish to pursue the claim. The latest correspondence is a mediation form (attached)
Please find attached all correspondence from the first notice from Excel Parking - SANITISED
I think due to the reasons detailed above after the first paragraph, the driver cannot be held liable due to the fact they didn't formally enter into a contract.
I understand also that Excel Parking Services don't own the land and simply "administer" the parking. After some further research I understand this can also provide issues when it comes to enforcing the contract.
As per the latest attached correspondence, the driver has until the 26th March 2018 to respond to the small claims track/mediation letter from the CCBC
Please Help!!!
Kind regards
J
Last year in June, the driver in question visited the Cavendish Retail Park in Keighley to go to Sports Direct and purchased some shoes. Unbeknown to the driver, the car park was a camera operated car park and was a pay car park. The driver found this out when they received a notice in July from Excel Parking Services. It is worth noting at this point that:
- The driver was unaware that this was a pay car park; it was not clear to the driver. The driver is an observant driver with no accident history
- It is a retail car park. Usually retail car parks (especially Sports Direct) are not pay
- The driver actually purchased something at Sports Direct
- The driver had used this car park prior to this event and didn't receive any notice
- If it was made clear to the driver that they would receive a £100 fine for not paying then they 100% would've paid. There's no reason they would've chanced it for the sake of 50p.
- The driver earlier this year discovered that 2 of their friends received the same notice from the same car park under the same circumstances. Unfortunately both of them felt rather uneasy by the threatening letters stating that they would receive a CCJ, so they paid.
After ignoring the first 2 notices (as the driver initially thought it was some sort of a scam), BW Legal then got involved. The driver continued to ignore the letters until they received the attached CCBC letter in late Jan 2018. Here they contacted BWL to ask what all of these additional costs were and that they didn't agree with the parking notice; the representative explained they were in the terms and conditions within the car park (again debatable). The driver was initially going to pay to make it go away, but thought no, this is not right!
The driver has been back to the site since the CCBC letter to gather photographic evidence (they parked across the road this time!!). They have since seen a sign at the front which isn't directly in front of the driver and not that clear. Again the Ts&Cs were not clear either. They can in addition provide the images they gathered and a map of the site and where they parked.
The driver then sent a defence statement in (attached) after viewing some of the cases on here. BWL have since indicated that they wish to pursue the claim. The latest correspondence is a mediation form (attached)
Please find attached all correspondence from the first notice from Excel Parking - SANITISED
I think due to the reasons detailed above after the first paragraph, the driver cannot be held liable due to the fact they didn't formally enter into a contract.
I understand also that Excel Parking Services don't own the land and simply "administer" the parking. After some further research I understand this can also provide issues when it comes to enforcing the contract.
As per the latest attached correspondence, the driver has until the 26th March 2018 to respond to the small claims track/mediation letter from the CCBC
Please Help!!!
Kind regards
J
Comment