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Hi,
Back in June 2015 I was driving the car that is registered in my husbands name. i parked up at the Peel centre in Stockport ran to get a ticket as it was raining (I even remember buying the ticket) and in the rush i must have input the wrong car reg. a few weeks later my husband receives a fine of £60 from Excel for not purchasing a ticket! From advice from others we totally ignored all correspondence and didn't acknowledge the fine.
it has now got to the point where a company called BW Legal are threatening court action.
I sent them the following letter....
I refer to the Parking Charge Notice that has been issued by your company for an alleged breach of parking regulations at the above site. I deny that I am liable to pay this charge to your company.
I am advised that the charges are unenforceable in English law as they do not reflect any possible loss that you or your client have suffered as a result of any alleged breach of parking restrictions by me. I refer you to the case of Excel Parking Services v Hetherington-Jakeman decided in the Mansfield County Court in March 2008 when the judge found that excessive parking charges were unenforceable. Clearly the amount being charged by your company is excessive and cannot be justified.
I make it clear that I will not be making payment to your company and will defend any proceedings that you may institute to recover the sum that you allege is due and owing.
I do not expect to receive any further letters from your company or any debt collection agency or solicitors instructed by you. If I do receive such communication I will consider that this amounts to harassment and will seek to recover damages from you under Section 3 of the Protection from Harassment Act. I refer you to the case of Ferguson v British Gas Trading Limited [2009] EWCA Civ 46.
I have recieved a response from them still demanding the money and threatening court action.
I know I bought the ticket although have no proof of this but how can they charge me for not purchasing a ticket when I quite rightly did!!
Please has anyone any advice on how I can sort this out other than pay them the fine now of £154!!!!
Thanks in advance
Back in June 2015 I was driving the car that is registered in my husbands name. i parked up at the Peel centre in Stockport ran to get a ticket as it was raining (I even remember buying the ticket) and in the rush i must have input the wrong car reg. a few weeks later my husband receives a fine of £60 from Excel for not purchasing a ticket! From advice from others we totally ignored all correspondence and didn't acknowledge the fine.
it has now got to the point where a company called BW Legal are threatening court action.
I sent them the following letter....
I refer to the Parking Charge Notice that has been issued by your company for an alleged breach of parking regulations at the above site. I deny that I am liable to pay this charge to your company.
I am advised that the charges are unenforceable in English law as they do not reflect any possible loss that you or your client have suffered as a result of any alleged breach of parking restrictions by me. I refer you to the case of Excel Parking Services v Hetherington-Jakeman decided in the Mansfield County Court in March 2008 when the judge found that excessive parking charges were unenforceable. Clearly the amount being charged by your company is excessive and cannot be justified.
I make it clear that I will not be making payment to your company and will defend any proceedings that you may institute to recover the sum that you allege is due and owing.
I do not expect to receive any further letters from your company or any debt collection agency or solicitors instructed by you. If I do receive such communication I will consider that this amounts to harassment and will seek to recover damages from you under Section 3 of the Protection from Harassment Act. I refer you to the case of Ferguson v British Gas Trading Limited [2009] EWCA Civ 46.
I have recieved a response from them still demanding the money and threatening court action.
I know I bought the ticket although have no proof of this but how can they charge me for not purchasing a ticket when I quite rightly did!!
Please has anyone any advice on how I can sort this out other than pay them the fine now of £154!!!!
Thanks in advance
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