Ticket Issued - Private Property

titch2k6

Sorry bromsgrovebarry. Must have been typing my last as you posted up. Kinda looks like the BPA are certainly on the side of the operators.......

vax2002

They wont take you to court as you will ask the court to summons the land owner to court as a witness, even a ppc is not stupid enough to bite the hand that feeds.
I would write one final letter stating that they should bring any court action forward to the earliest opportunity to allow them to mitigate your counter claim for losses.

TrickyWicky

vax2002 wrote: »

I would write one final letter stating that they should bring any court action forward to the earliest opportunity to allow them to mitigate your counter claim for losses.

And if not done ASAP the op will do it for them to recover compensation for harassment.

Quite frankly its appalling. There is no difference between ignoring a vehicle thats permitted to use the land and clicking cancel on a computer screen after their scam ticket was issued.

titch2k6

Just drafted this to send to the operator company. Any feedback appreciated:

" Dear Sir/ Madam,

REFERENCE: Parking Charge Notice - **********

I write to you with regards the above mentioned Notice Serial Number, issued 01/11/2011 at 20:36 hours and the letter you sent in response to the second challenge I made on 18/11/2011.

I acknowledge your later dated 29th November, 2011 where you have again stated that the ticket was issued correctly and there are no grounds for the Notice to be waived.

I pursue my disagreement with your statement. I am also disappointed that you choose to continue to ignore the fact that the vehicle was permitted to use the land by the landowner and therefore, no breach of contract occurred.

To this end, I instruct you to bring any court action forward to the earliest opportunity to present my case for judgement. It will be my intent to summon the landowner, your employer, as a witness to the circumstances that lead to the vehicle being parked on their land, under their direct authorisation. It will also be an opportunity for your company to mitigate my counter claim for losses.

I believe that not only has the Notice issued breached the contractual agreement between the landowner and myself under Contract Law, you have also breached sections of the Administration of Justice Act (1970) and the Unfair Terms in Consumer Contracts Regulations (1999). Should you also contact myself with any further correspondence demanding payment of the alleged debt, I will consider yourselves to be in breach of the Protection From Harassment Act (1997) and seek compensation to that end.

I look forward to receiving the court date from yourselves."

robredz

That one should do it, if they persist and are stupid enough to do court, the whole stinking mess will be dumped on them, as they will be most unhappy when the landowner who has contracted them is summoned as witness.
Mind you the office drones may be stupid and in a Perky moment decide to do court.....

titch2k6

Hi all.
Have modified the letter above to include some bits with regards the BPA's Code Of Practice, which I also believed has been breached by this operator. Now reads as follows:

"Dear Sir/ Madam,

REFERENCE: Parking Charge Notice - **********

I write to you with regards the above mentioned Notice Serial Number, issued 01/11/2011 at 20:36 hours and the letter you sent in response to the second challenge I made on 18/11/2011.

I acknowledge your later dated 29th November, 2011 where you have again stated that the ticket was issued correctly and there are no grounds for the Notice to be waived.

I pursue my disagreement with your statement. I am also disappointed that you choose to continue to ignore the British Parking Association's Code Of Practice considering the fact that the vehicle was authorised to park on the property by the landowner (the BPA clearly lays down the definitions of “authorised parking” and “unauthorised parking” within Appendix B of the code) and therefore, no breach of contract occurred and therefore, the issue of the Charge Notice was invalid.

To this end, I instruct you to bring any court action forward to the earliest opportunity to present my case for judgement. It will be my intent to summon the landowner, your employer, as a witness to the circumstances that lead to the vehicle being parked on their land, under their direct authorisation. It will also be an opportunity for your company to mitigate my counter claim for losses.

I believe that not only has the Charge Notice issued breached the contractual agreement between the landowner and myself under Contract Law, you have also breached sections of the Administration of Justice Act (1970) and the Unfair Terms in Consumer Contracts Regulations (1999). Should you also contact myself with any further correspondence demanding payment of the alleged debt, which now officially is considered to be in default, I will consider yourselves to be in breach of the Protection From Harassment Act (1997) and seek further compensation to that end.

It is also my intention to lodge a complaint within the next 7 days with the British Parking Association with regards this matter, as I feel that sections of their Code Of Conduct have been breached by your company.

I look forward to receiving the court hearing date from yourselves."

As usual, any feedback or suggestions would be appreciated.

Coupon-mad

Make sure you complain to the DVLA about the BPA COP breach as well - they will want to know and they will make sure the BPA have to log it and deal with it. Not that they will call off their member/PPC mate - they will dismiss the matter - but it's another complaint. Good stuff.

robredz

Excellent titch2k6, but make sure you do as Coupon-Mad suggests and indicate to DVLA about the breach of BPA COP by the PPC. You could also copy Trading Standards in, for good measure

titch2k6

Just an update.....

I am still awaiting a response from the operator with regards my last correspondence. It has given me enough time to put together a case of defence just in case they are silly enough to pursue with a court hearing. The complaint to the BPA has been drafted, along with a letter of complaint to Trading Standards and notification of the complaints to DVLA. Going to get these sent off by end of the week.

Will keep you updated on what happens.

titch2k6

Got a reply back from DVLA today with regards complaint about VCS and breaching BPA COP:

"Thank you for your email received on 29/12/11. Your email reference number is 8*****.

We usually advise customers to contact BPA directly with any issues in regards with parking fines and wheelclamping disputes.
We will not take any action, nor do we govern these rules and regulations. This would be a dispute between yourself and BPA so I can only refer you back to their complaints procedure."

Waiting to see what happens with email sent to BPA and Trading Standards..................