NCP ticket in ASDA car park II: Return of the ticket

bazster

merryck wrote: »

I will also send the CEO a letter because I'm at work and the ink is free!

:):):):)

SodG24

merryck wrote: »

And telling them I'm the driver won't give them extra ammunition?

I'll write telling htem I'm the driver and send them that lovely 'come at me' letter Coupon-Mad linked to.

I will also send the CEO a letter because I'm at work and the ink is free!

Definitely write to Andy Clarke but be warned - he's one of the most spineless CEOs there is and doesn't give a flying fig that his customers are being fleeced ! I'll predict his response past the standard "we want to keep parking spaces for our customers" as "we give all profits from the fines to charity". He doesn't care that ASDA / TCP break the law or that they're not allowed to "fine" people or that there shouldn't be any profits from the scam. The guy is a complete moron.

Half_way

If the CEO doesnt give a stuff, why not go for/blam the car park owner, or to be precise the store in question?
As you paid to park/caused no loss the the car park owner you should be covered.

If yuo want to go downt hat route then you need to tell both NCP and the car park owner something along these lines:
RE parking invoice - This is not an appeal, as there is nothing to apeal against, please find included a copy of the ticket that i purchased to use your car park on the <DATE> as you can see ihad paid for my parking.
You ( or your contractor in the case of the car park owner) are demanding a sum of £100 which to me appears to be a penalty charge, as you know private companys or citizens can not issue such penalty charges, so on that count any contract, or signange stating that fact is null and void.
Also i would question the validity of the signage under the unfair terms in consumer contracts act as well.
With that in mind i now consider this matetr to be closed, and i do not wish to recieve any further comunications form you on this subject, other than an apology for the distress that your ( or to the supermarket - Your agents) actions have caused < and to the supermarket - I trust that you are fully aware that you are responsable for the actions of your contractors, if i receive any more threateninig letters then i will consider taking action against you for harrasment, as i hold you jointly liable for the actions of your parking contractor> And to NCP, If i recieve any further treateening letters or other comunication from you then i may take action against both yourselves and the supermarket/land owner for harrasment.

bazster

SodG24 wrote: »

Definitely write to Andy Clarke but be warned - he's one of the most spineless CEOs there is and doesn't give a flying fig that his customers are being fleeced !

Ex-customers!

SodG24

bazster wrote: »

Ex-customers!

Indeed ( I speak as one ! ).

merryck

! Andy Clarke
Chief Executive Officer
Asda House
South Bank
Great Wilson Street
LEEDS
LS11 5AD

Dear Sir,

On 22nd May 2012 I parked at your Folkestone branch to do some shopping during my lunch break. Unfortunately I did not realise this was a pay-and display car park and I was issued with a “Parking Charge Notice" for £100.00 by NCP (reference number PC********).

It was not my intention to avoid paying and I therefore enclose a postal order in the sum of £1.10. You may wish to donate this to the charity of your choice, my personal recommendation would be Great Ormond Street Hospital as they do fantastic work, but that of course is up to you.

I have ignored the "Parking Charge Notice", since not only do I consider the requested sum to be grossly disproportionate, but I also understand that, in law, these private "Parking Charge Notices" are not worth the paper they are written on.

However, NCP are now harassing the registered keeper of the car (not me) for payment of their ludicrous "charge". I also understand that this directly contravenes the DVLA rules on use of private data, as at no point was a request made to give the details of the driver.


It is now that I come to my penultimate point, and that is the incorrect nature of the ticket. I noticed on the ticket that the time of issue read 11:16 and the time the car was first seen read 13:00. I'm sure you're aware that this wouldn't be possible using the currently agreed model of physics, and so cannot be correct. I would also point out that if the attendant got those times the wrong way round, I wouldn't have been at the car park at 11:16 as I work 9-5 every day and my lunch break runs from 12:30 to 13:30. When speaking with NCP they didn't seem to think that this was an issue, and still requested the money.

I am writing to you to express my anger and disappointment that Asda, through NCP, would treat a paying customer of your supermarkets so badly, and to inform you that neither I nor any member of my family will ever shop at any Asda again until you remove NCP from your car parks and cease having these preposterous charges issued on your behalf.


I also enclose a copy of the letter I am sending to NCP regarding their charges.

Yours,










OK, how's that? I copied and rewrote your letter in a couple of places. I'm also going to use the letter written by the blogging barrister to ward them off like an exorcist with a cross.


I'll rewrite that now and post it up when I'm done for everyone to have a good look at!

ManxRed

I would be tempted to throw some language in that the repeated letters to the RK constitute, in your opinion, harassment as per The Protection from Harassment Act 1997, and that, as Principals in a Principal/Agent relationship with the PPC, ASDA are jointly liable for the PPC's actions.

bazster

Brilliant, and yes, as suggested by Manx I would certainly point out that Asda are responsible for their agent's actions.

merryck

Added that to the letter. Also, here is my super long letter to NCP copied from Tim Kevan's blog.

I would point out that this letter is for my case and my case alone. While not written by me, I simply found it and used it. In no way does it constitute legal advice. As Tim Kevan says on his blog; "this is a letter written by me for my own case and does not in any way constitute advice or assistance for any other cases I'm afraid." So he isn't offering advice either.


National Car Parks Limited
Notice Processing
PO Box 839
Northampton
NN44AL


Without prejudice, save as to costs
Re. Parking Charge Notice No. PC**********.
ASDA, Folkestone.
Vehicle registration ******.
Dear Sir/Madam,

I was very surprised to receive a 'Parking Charge Notice' (no. PC*********) on the 22nd of March at ASDA for my vehicle whose registration number is set out at the top of this letter. I dispute the charge for the reasons set out below. Please note that without prejudice to the fact that I dispute the whole basis of the claim, my main issue is with what I consider to be a disproportionate and punitive level of charge.

1. No contract
There was no contract between myself and either National Car Parks or ASDA. I did not see the notices when I parked and at that time had no idea any charge whatsoever was required. So the requirements of forming a contract such as a meeting of minds, agreement, certainty of terms, etc were not satisfied. Had I known when I parked, I would have been happy to pay. For what it's worth, I have sent a postal order of the correct amount to Andy Clarke, CEO of ASDA.

2. Trespass
If there was no contract, then at most I was guilty of a civil trespass (though this is neither admitted nor denied). If this was the case, I would be liable to damages. Given that I was a paying customer, did no damage to the car park and furthermore that the car park was not full when I parked and also when I left, I would suggest that there was therefore no loss at all.

3. Punitive/unfair/unreasonable
Without prejudice to the foregoing, even if there was a contract (which is denied):

a. Punitive
The charge that you are levying is punitive and therefore void (ie unenforceable) against me. The charge of £100 is arbitrary and in no way proportionate to any alleged breach of contract. Nor does it even equate to local council charges (which in any event are a completely different beast). This would also apply to your mention of any costs incurred through debt recovery unless it followed a court order.

b. Unfair
The charge you are levying is an unfair term (and therefore not binding) pursuant to the Unfair Terms in Consumer Contracts Regulations 1999. In particular, Schedule 2 of those Regulations gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1)(e) "Terms which have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation." Furthermore, Regulation 5(1) states that: "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer" and 5(2) states: "A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term."

c. Unreasonable
The charge you are levying is an unreasonable indemnity clause pursuant to section 4(1) of the Unfair Contract Terms Act 1977 which provides that: "A person cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.”

Further information
Please take this letter to constitute a written appeal in accordance with your Notice. I also make the following points. I would be grateful for answers to all questions raised and in this respect remind you of the obligations set out in the Practice Direction on Pre-Action Conduct (http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct).

1. Your cause of action: please make this clear. If you claim that I entered into a contract, please send me a complete breakdown of all the terms and conditions of that contract to which you say I agreed.

2. Your loss: please give me a full breakdown as to the actual loss you say was suffered by either yourselves or The Agricultural Inn.

3. The appeal: please send me a copy of the procedure which you follow, along with setting out what factors are taken into account, who is the judge or arbitrator and whether they are independent, whether you require oral submissions, whether it is governed by the Arbitration Act 1996 and any other relevant factors. In addition, please give me disclosure of any arguments being put by yourselves on this matter in the Appeal so that I might reply to any new issues which are raised. If you decide to dismiss the appeal, please send me the full reasoning in relation to each of the specific points raised in this letter.

4. Time for the appeal. Your parking charge notice says: ‘Appeals/challenges received after 7 (seven) days will not be upheld or considered unless in extreme circumstances, and at the Company’s discretion.’ Please tell me how you say this complies with the Practice Direction on Pre-Action Conduct (above)?

5. Your 'Parking Charge Notice': what do you say is the status of this document? Do you claim it is an invoice pursuant to a contract (in other words an invoice which would generally get declared to the Inland Revenue) or does it have some other status? If it is the latter, please clarify exactly what you say it is?

6. Please send me a copy of you Data Protection procedures. Pursuant to section 7 of the Data Protection Act 1998 please send me a copy of any such photo along with a copy of any other data which you hold relating to me.

7. Please send me details of any Codes by which you claim to comply and any governing body or other such organisation of which you are a member.

8. Please provide me with the name and address of your solicitors (if any) in order that I may copy them into this correspondence.

9. For the avoidance of doubt (and without suggesting that you would), please do not do the following:
a. Send me any document purporting to be from the County Court unless it is a valid Claim Form duly issued.
b. Write to me threatening to send round bailiffs without first going through the process of issuing a Claim Form and obtaining judgment.
c. Send me any standard letters either from yourselves or debt-collectors without addressing the specific points raised in this response.

10. If you want to make a claim , for your information you can issue online or I am sure that Maidstone County Court would also be very happy to give you a form. My address for service is set out at the top of this letter. If you do decide to issue:
a. I reserve the right to add further arguments to my Defence.
b. Please rest assured that I will be more than happy to attend any court mediations which might be offered.

I very much look forward to hearing from you.

Yours faithfully,

***********

cc
Andy Clarke, Chief Executive Officer, Asda House, South Bank, Great Wilson Street, LEEDS,
LS11 5AD

merryck

Well I posted these just now, recorded delivery so they can't say "Oh no, I massively didn't receive your amazingly written letters outlining why I should hate myself, crawl under a rock and perish so that society can flourish in my absence."

Because that's exactly what they'd say.