Tweet
Hi there,
I hope you can help or at least advise the best course of action.
I received a parking notice on my vehicle a while back. At first I thought it was a prank/scam and but was advised to wait for a letter through the post.
This arrived a while later and I invoked their 'appeal' (Their term, not mine) with a response as follows
-----------------------------------------------------------------------------------------------------------------------------------------------------
Sir,
I refer to your Contractual Parking Charge Notice number: (xxxxxxxx)
I am unable to confirm at this stage if I was the driver of the vehicle at the date shown. I cannot bring to mind any action of mine that may have contributed to the alleged contractual contravention and cannot remember entering into any parking contract with you.
I am therefore unable to make an informed assessment of the circumstances surrounding this case. Since I am unsure if it was myself who agreed any contract with you, although I certainly don't recall it. I am unwilling to make any payment on notification from a company I do not know, for a sum of money I cannot remember agreeing to, on a contract I didn't have any knowledge of, and for which I have no copy for my own records.
Every week I get some sort of scam message inviting me to pay a sum of money to some Nigerian Secretary of State to enable release of a huge amount of frozen funds into my bank account, or to release a Canadian lottery win. I am also aware of various scams surrounding parking charges, one of which recently took place in Newcastle upon Tyne and resulted in jail terms for those involved.
It is not my nature to make payment for any speculative demand without proof of the existence of any supposed contract between us, and your legal right to make such a contract with me in the first place.
As you have contacted me as the registered keeper of the vehicle you will be aware of the requirements and restrictions placed upon you by the Protection of Freedoms Act 2012.
It is not the remit of the keeper to make payment for anything other than actual parking charges that at the time of the issue of the PCN, not following issue.
If you would kindly send details as follows I will then be able to consider this matter fully and my own liability for any alleged contractual breach.
1. Proof of your right to make a contract with a driver using the said car park facility. This to be in the form of your copy of landowner rights or any contract with the landowner giving you the right of occupation of the land rather than a right of access for monitoring the said area, or a lease agreement for the land in question.
2. A copy of the contract between yourself and the Landowner showing your responsibilities in monitoring the car park on their behalf, and your right to pursue any matter to legal proceedings if no payment is forthcoming.
3. A copy of any contract that you allege exists between yourself or landowner client and myself; such contract to be shown to have been properly offered and then accepted by myself or any other driver who may have been involved in this matter.
4. The reasoning of the alleged contravention. Please advise as to whether this alleged offence was supposedly for a Breach of a Contractual Parking arrangement or for trespass. If no contractual agreement was made or accepted by either party then an explanation as to why you consider trespass was committed in an area where there is free access by the landowner to members of the public.
5. In the unlikely event that you do have full rights to make contracts with individual drivers, either on behalf of the landowner, or at your own behest due to some contractual arrangement with your client, then I need a breakdown of what charges have been made in connection with the alleged contravention or trespass and how they have been calculated in accordance with the necessity to make a charge for a known financial loss to the landowner.
6. An explanation or breakdown of the charges as to whether they are are actual parking charges or charges for a breach of conditions of parking
I am aware of the legal aspects of the monitoring of such premises and am keen to avoid any doubt as to whether or not you have a legal right to demand payment, and whether I am equally liable to make that payment as demanded.
I note on your correspondence that you are placing responsibility for the alleged charge against myself as the registered keeper of the car concerned. You are no doubt aware that under the Protection of Freedoms Act 2012 there is a set of strict conditions which you must comply with to do so. One of these is that any correspondence in relation to this matter, the full identity of the actual creditor must be made known. Since you are invoking the PoFA then you will note that you have failed compliance with the conditions of it yourself so are not legally able to pursue this matter against the registered keeper.
I am aware of the existence of various cases in courts which have shown that the vast majority of such demands are made by companies who have no authority to make them in the first place. Whether this is for their inability of being able to make an independent contract with a driver or for lack of compliance to PoFA etc, I need to remove that doubt in this case to progress it any further.
Failure to provide the information requested in support of your claim will mean that I will not consider this particular charge to have any merit and will therefore refuse payment accordingly.
I may also make a complaint of harassment if demands continue in any form if you do not send me the information requested.
Regards
(Me)
-----------------------------------------------------------------------------------------------------------------------------------------------------
So they have now responded (27/05/15, I'm cutting it fine I know) to say the 'appeal' was unsuccessful and supplied me with a POPLA verification code.
I do not know where to go from here as POPLA state you can only appeal on certain points.
The original scene:
I was parked off the puplic highway, on an area the other side of the pavement if you will. Annoyingly, the day after this, I was given a parking permit (There was a vehicle parked behind with one at the time of the ticket)
I did try to speak to the landowner but wasn't able.
The notice is for "Parking in a No Parking Area".
Can someone point me in the right direction?
Regards
Aurium
- - - Updated - - -
If anyone needs any more info then let me know.
I hope you can help or at least advise the best course of action.
I received a parking notice on my vehicle a while back. At first I thought it was a prank/scam and but was advised to wait for a letter through the post.
This arrived a while later and I invoked their 'appeal' (Their term, not mine) with a response as follows
-----------------------------------------------------------------------------------------------------------------------------------------------------
Sir,
I refer to your Contractual Parking Charge Notice number: (xxxxxxxx)
I am unable to confirm at this stage if I was the driver of the vehicle at the date shown. I cannot bring to mind any action of mine that may have contributed to the alleged contractual contravention and cannot remember entering into any parking contract with you.
I am therefore unable to make an informed assessment of the circumstances surrounding this case. Since I am unsure if it was myself who agreed any contract with you, although I certainly don't recall it. I am unwilling to make any payment on notification from a company I do not know, for a sum of money I cannot remember agreeing to, on a contract I didn't have any knowledge of, and for which I have no copy for my own records.
Every week I get some sort of scam message inviting me to pay a sum of money to some Nigerian Secretary of State to enable release of a huge amount of frozen funds into my bank account, or to release a Canadian lottery win. I am also aware of various scams surrounding parking charges, one of which recently took place in Newcastle upon Tyne and resulted in jail terms for those involved.
It is not my nature to make payment for any speculative demand without proof of the existence of any supposed contract between us, and your legal right to make such a contract with me in the first place.
As you have contacted me as the registered keeper of the vehicle you will be aware of the requirements and restrictions placed upon you by the Protection of Freedoms Act 2012.
It is not the remit of the keeper to make payment for anything other than actual parking charges that at the time of the issue of the PCN, not following issue.
If you would kindly send details as follows I will then be able to consider this matter fully and my own liability for any alleged contractual breach.
1. Proof of your right to make a contract with a driver using the said car park facility. This to be in the form of your copy of landowner rights or any contract with the landowner giving you the right of occupation of the land rather than a right of access for monitoring the said area, or a lease agreement for the land in question.
2. A copy of the contract between yourself and the Landowner showing your responsibilities in monitoring the car park on their behalf, and your right to pursue any matter to legal proceedings if no payment is forthcoming.
3. A copy of any contract that you allege exists between yourself or landowner client and myself; such contract to be shown to have been properly offered and then accepted by myself or any other driver who may have been involved in this matter.
4. The reasoning of the alleged contravention. Please advise as to whether this alleged offence was supposedly for a Breach of a Contractual Parking arrangement or for trespass. If no contractual agreement was made or accepted by either party then an explanation as to why you consider trespass was committed in an area where there is free access by the landowner to members of the public.
5. In the unlikely event that you do have full rights to make contracts with individual drivers, either on behalf of the landowner, or at your own behest due to some contractual arrangement with your client, then I need a breakdown of what charges have been made in connection with the alleged contravention or trespass and how they have been calculated in accordance with the necessity to make a charge for a known financial loss to the landowner.
6. An explanation or breakdown of the charges as to whether they are are actual parking charges or charges for a breach of conditions of parking
I am aware of the legal aspects of the monitoring of such premises and am keen to avoid any doubt as to whether or not you have a legal right to demand payment, and whether I am equally liable to make that payment as demanded.
I note on your correspondence that you are placing responsibility for the alleged charge against myself as the registered keeper of the car concerned. You are no doubt aware that under the Protection of Freedoms Act 2012 there is a set of strict conditions which you must comply with to do so. One of these is that any correspondence in relation to this matter, the full identity of the actual creditor must be made known. Since you are invoking the PoFA then you will note that you have failed compliance with the conditions of it yourself so are not legally able to pursue this matter against the registered keeper.
I am aware of the existence of various cases in courts which have shown that the vast majority of such demands are made by companies who have no authority to make them in the first place. Whether this is for their inability of being able to make an independent contract with a driver or for lack of compliance to PoFA etc, I need to remove that doubt in this case to progress it any further.
Failure to provide the information requested in support of your claim will mean that I will not consider this particular charge to have any merit and will therefore refuse payment accordingly.
I may also make a complaint of harassment if demands continue in any form if you do not send me the information requested.
Regards
(Me)
-----------------------------------------------------------------------------------------------------------------------------------------------------
So they have now responded (27/05/15, I'm cutting it fine I know) to say the 'appeal' was unsuccessful and supplied me with a POPLA verification code.
I do not know where to go from here as POPLA state you can only appeal on certain points.
The original scene:
I was parked off the puplic highway, on an area the other side of the pavement if you will. Annoyingly, the day after this, I was given a parking permit (There was a vehicle parked behind with one at the time of the ticket)
I did try to speak to the landowner but wasn't able.
The notice is for "Parking in a No Parking Area".
Can someone point me in the right direction?
Regards
Aurium
- - - Updated - - -
If anyone needs any more info then let me know.
Comment