Complicated private parking ticket dispute - HELP PLEASE!

londonmark

Thanks for all you help and kind words......I am digging in (on my Mum's behalf) I am sending them this below so that they know she means business and then after that they can do thier worst.......

Premier Park PO Box 624 Exeter EX1 9JG

Dear Sir or Madam, Ticket number: 400339 Vehicle registration number: F687 DWB



I was issued with a parking ticket by your company on 12th July 2011 but I believe it was unfairly, unlawfully & illegally issued and I will not be paying your demand for payment for the following reasons:

1• There was insufficient signage The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally. The sign on the wall to the right of the vehicle in your photograph is placed so high that it is not clearly visible and the terms and conditions are written so small that it can not be read from the car prior to entering the car park. A second sign at the rear of the car park again is so small that it can not be read prior to entering the car park and it is also obscured from view of the entrance by a fire escape. I have gathered photographs as evidence and proof of my claim.

2• The area of land under your control is unmarked and unidentifiable I received a ticket for supposedly breaking your parking restrictions yet as your photograph clearly shows the area of land which you claim is under your control and where I was parked is not marked out or identifiable in anyway and therefore the issue of a ticket is unfair. Please see your own images as evidence however I have gathered my own photographs as evidence and proof of my claim.



3 • Mitigating circumstances As per my previous letter to your "appeals" department, there are mitigating circumstances to explain why I parked where I did and I am also requesting that the Parking Charge be waived for these reasons. Please refer to my previous letter as evidence of proof of my claim.

4• I cannot afford to pay the fine I am a law abiding citizen and I made an honest mistake but I cannot afford the fine. My deceased husband's entire estate is currently in probate and the claims against this estate outweigh the assets by a ratio of 5:1.

5• The fine is disproportionate According to the Unfair Consumer Contract Regulations, parking fines on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £100 charge you are asking for far exceeds the cost to the landowner. Indeed the adjacent public car park charges £7.10 for a 24 hour period so I would have to have been parked for over 14 days to reasonably incur the charge you are seeking. If you choose to pursue me for this fine please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.



Yours faithfully,

trisontana

Can I add that that this is not a FINE, it's an invoice. To use the "f" word gives this charge a status it doesn't deserve.

Gothicfairy

Why bother ? They will either not read it or care..or both.

funkycoldribena

Gothicfairy wrote: »

Why bother ? They will either not read it or care..or both.

Exactly.
You might as well send them the local pizza menu.

londonmark

trisontana - Doh - I thought I edited all of them out. The letter is from the template offered on this site which I adapted, as per the advice, for my own purposes.

Oopsadaisy if you take the time to read the thread I have already explained that this is not a straight forward case as unfortunately my mother has already made a declaration that she was the driver.

PP currently have a handwritten pleading letter from her and as such they will likely think she is a prime candidate for pursuing a recovery via their bullying and intimidatory tactics which have already had a profound effect upon her. I have considered all of the advice on here and decided on the my course of action. The purpose of this letter is to redress that understanding and make it clear that they have little chance of recovery.

Your final comment below simply demonstrates what a pathetic cyberthug you are. Frankly if you are going to throw abuse around like that you should be man enough to publish your address as well so I can come over and we can have a chat about it.

Thanks to everybody else who has offered something useful.......

The_Slithy_Tove

londonmark wrote: »

PP currently have a handwritten pleading letter from her and as such they will likely think she is a prime candidate for pursuing a recovery via their bullying and intimidatory tactics which have already had a profound effect upon her. I have considered all of the advice on here and decided on the my course of action. The purpose of this letter is to redress that understanding and make it clear that they have little chance of recovery.

If you insist on going down this route, then a couple of suggestions.

Opening paragraph: "unlawfully & illegally issued" - tautology. Pointless saying unlawful and illegal.

Point 3: Be more forthright. Don't request anything, demand it.

Point 4: Delete. Being unable to afford it really has no bearing, and attempting a sob story is appealing to a better side that does not exist.

As already pointed out, never use the word fine, or the word appeal, as both imply some sort of legitimacy.

Good luck, though I wiould bet that you'll continue to get the standard letter chain, at which point you and your Mum should just ignore and not worry about it.

Coupon-mad

londonmark wrote: »

trisontana - Doh - I thought I edited all of them out. The letter is from the template offered on this site which I adapted, as per the advice, for my own purposes.

Oopsadaisy if you take the time to read the thread I have already explained that this is not a straight forward case as unfortunately my mother has already made a declaration that she was the driver.

QUOTE]



Makes no difference, nothing will happen except the usual letter-chain will churn out, regardless.

If you insist on sending that letter it's against our advice but for goodness' sake don't call their scam charge a 'fine' and and please stop making it read like an appeal, with appeal points. It reads as if you believe it's a real PCN - which it is NOT.

Have a guess what their answer will be??

If you write anything at all write 'Take notice that I deny any debt to your firm. With immediate effect, cease and desist with all contact and take me to Small Claims Court if you feel you have a valid claim. If I do not receive Court papers within 14 days I will consider the matter closed. I will report you to the OfT and Trading Standards if there is any other attempt to contact me - which will be deemed harassment - and I will not under any circumstances be held responsible for any debt collector costs you choose to waste on a clearly disputed and denied alleged debt.'

BUT - rather than give your Mum hope that they will now go away, why don't you just explain the letter-chain of scamograms to her, print them out from the top thread so she can play 'PPC snap' with them? TBH that's what she's going to have to do anyway as they are NOT going to fold - unlikely I think even with a 'cease and desist' letter.

But nothing will happen except the letters, so it's manageable as long as Mum doesn't fall for the scam.

Show her the Watchdog clip so she understands it is all a con. The Watchdog clip is on the sticky 'welcome, please read before posting' if you have not found it yet. Watch/listen to what Tim Cary the solicitor, tells Anne Robinson he would do if HIS mother got one of these bogus PCNs.

TrickyWicky

bondy_lad wrote: »

cant believe your post tricky,, exactly as i have said,, what difference does it make????????????? that they have the drivers name,,do you not think its enough that they have had a sad loss,,to put needless pressure on them

I've put no pressure on anyone. I've simply contributed that this may not go away as easily as many cases albeit in a slightly longer way.

I am certainly not on the PPCs side. No scum sends people tickets when donating to charity. Thats just heartless.

notts_phil

Your case is no different or complicated.

You haven't listened.

You are wasting your time.

It's people like this that make you feel you are hitting a brick wall.

bondy_lad

i am really sorry for your loss, but get it into your head,,ppcs just want your money,, writing to them is only fuelling the fire they will still hound you and now for longer,,, do you really need this at this time,,,,its not A FINE ITS AN UNENFORCEABLE INVOICE,,nothing ABSOLUTELY NOTHING CAN/WILL HAPPEN TO YOU,,,,trust us or not we are here day in day out to STOP PEOPLE LIKE YOU PAYING THESE SCAMMERS,,,please take a one word advice,,,,,,yes, you know it,, come what may,,,,,IGNORE.