UKPC Parking Charge on rental car

Askew

Here is a first draft of my email to Sixt to pre-empt UKPC. Any feedback is welcome.

Dear Sir/Madam,

I write to inform you that while in possession of a rental car (reg: ####) from your firm, I received a parking charge notice from a private company called UK Parking Control Ltd. (UKPC). The amount of the charge is GBP 90, reduced to GBP 60 if paid within 14 days after issue of the charge. The reason I write to you is that I deny any debt owed to UKPC and do not intend to make payment, and to pre-empt UKPC contacting you to pursue their charge.

As you may already know, these charges are not legally enforcable and they have come to be known by many as “speculative invoices”. It is not a fine issued by a legal authority as a direct contravention of any traffic or parking laws. The charge issued is based upon a breach of contract which I allegedly entered into by parking the vehicle in a privately owned free car park. I dispute that any contract was knowingly entered into and therefore deny any debt to UKPC.

The contract referred to (which I will again deny ever existed in the first place) is between the driver of the vehicle and the administrator of the car park. Sixt is therefore not a party to this alleged contract and I hereby explicitly do NOT authorise you to pay this charge on my behalf. Any such action taken by Sixt will be considered by me to be a breach of our hire agreement as per your terms and conditions. I wish to inform you as well that as the registered keeper of the vehicle, you have no legal obligation to provide UKPC with my personal details.

If you have any questions about my intentions in this matter, do not hesitate to ask. For clarity I will sum up the main points of my message:

1.) I received a speculative invoice from UKPC while in possession of a vehicle registered to Sixt.
2.) I do not intend to make payment to UKPC.
3.) I dispute the legality of their charge
4.) I dispute that any contract was entered into and deny any debt to UKPC
5.) Sixt would not be a party to any such contract, had it existed in the first place.
6.) I do NOT authorise Sixt to take any action on my behalf in this matter.

(maybe the bullet points are a bit much?)

Hoping I have informed you sufficiently,
With regards,


Askew

taffy056

Perhaps you could ask them to forward your address if they wish to take any action at all. You also need to mention any administration costs that they will try and add, normally circa £30-£50 or so. And as its not a penalty or fine it does not apply in this case.

Askew

I was going to offer up my personal details as a bargaining chip in a second email if they proved to be hesitant. Thanks for the tip about the admin fee.

bargepole

Askew wrote: »

6.) I do NOT authorise Sixt to take any action on my behalf in this matter, and any sums debited from my debit/credit card in relation to this by Sixt, will be the subject of a County Court claim to recover such sums, and associated legal costs.

Just to make it completely clear.

Askew

After I point out they have no legal obligation to pass on my personal details, I was contemplating putting something like:

"In fact, providing UKPC with any such details is a direct contravention of the Data Protection Act of 1998"

I didn't yet because a.) I am not 100% sure that is actually true (my reading of the Act implies it is but I am no legal expert) and b.) it might be a little too blustery. Or am I being too timid here?

bargepole, I copy/pasted your amendment directly, thanks!

Coupon-mad

I like your email and am glad you found theld 'van thread' about Sixt on pepipoo - it's the one I always quote as I love the emails used, and they worked.

I think you could include the breach of DPA sentence.

And I like the very clear summing up in bullet points at the end.

Stephen_Leak

Askew wrote: »

I was going to offer up my personal details as a bargaining chip in a second email if they proved to be hesitant. <snip>

There are two rules for success. Never tell everything you know.

Askew

Well, I sent it off. I'll update the thread when Sixt gets back to me.

Askew

Well, Sixt has replied. Quite promptly imo. They're sort of weaseling though.



" Dear Mr. Askew,

Thank you for your e-mail.

This fine has not yet been received by our office and it has now been noted onto the system that you do not wish for this fine to be paid.

If UKPC do issue a fine we will contact you directly before any action is considered.

Best regards

###########"


I'm tempted to reply to specify that the referred charge is not a fine issued by any legal authority, in order to restate my position that I contest this is a legal charge.

ManxRed

'Fine'....

Get them to refer it to a legal person within their organisation and ask them to explain why they think a private company can issue a 'fine'.