Help! Euro car park fine vue cinema hamilton

nigelbb

Stroma wrote: »

Except that this appeals process is only in England and Wales, and they are not offences or fines. This is an unfair term IMO in their contract, because only the driver is liable providing a serviceable address is given, obviously the lease company will have that. What this does show is that people should stay away from lex and blackhorse

The lease company have no more idea who the driver was than do the PPC. They do know who the keeper of the vehicle is but that's not the same thing.

Stroma

nigelbb wrote: »

The lease company have no more idea who the driver was than do the PPC. They do know who the keeper of the vehicle is but that's not the same thing.

Yes but that is then down to the person leasing the vehicle, as far as the lease company is concerned the leasee is the driver, and that is the end of the matter for them.

gemlouise84

Here is main part of letter i just put together all advice.
Letter before action.
With regards to the ppc of £70 this is a civil dispute and unrelated to any criminsl law, as this does not fall under the criteria for Lex Auto lease terms and conditions. For issuing admin fee and paying euro car parks. I feel Lex Auto lease are in breach of their contract.
Privately issued charge notices have no lawful authority and due to the fact that the legal status of private tickets has not changed and no new law has cone into effect in scotland the legislation qoted by lex auto lease is for england and wales only.
I did not commit any parking offences . As i have transgressed no criminal law there was no reason for lex autolease to pay the ppc.
Protection of freedoms act 2012 does not legalise these charges , you are in factin breach of guidlines by the brvla your trade body on how to handle this situation.it does not state pay them anywhere.
As lex auto lease are in breach of your own terms and conditions s well as going against your trade associations guidlines you must now refund any money that you hsve taken from my account and other admin fees in full within next 7/14 days.

Does this sound ok. Can i actually write this to lex autolease.
Thanks for helping.i will correct mistakes upon typing up on computer.

Stroma

I can't post on this right now, can I just quickly say have a look at this post for ideas
http://forums.pepipoo.com/index.php?showtopic=62531

ManxRed

I would also emphasise that the Protection of Freedoms Act 2012 does not apply in Scotland (only England and Wales), and hence they should not be relying on this to justify their actions. This is in addition to the fact that this legislation does not in fact confer legal enforceability onto private parking tickets anyway.

gemlouise84

Had look on pepipoo forum.good stuff i will be adding some of it too my letter.

Half_way

needs tobe blunter, too fluffy.

gemlouise84

I agree.after reading the letters on pepipoo i can see that.

ManxRed

How about:

Letter Before Action.

I am writing with regard to a sum of £XX that you have unlawfully debited from my card in respect of a private invoice issued against the driver of vehicle XXX 234X by NAME OF PARKING COMPANY.

This invoice does not conform to the description of allowable charges in your terms and conditions, it being neither a penalty or fine under the road traffic act 1974, nor is it in relation to an act for which a summons (or that which supersedes it) may be made against the vehicle, nor is it a fixed penalty notice or an excess charge nor any other breach of the law.

Therefore by charging me in relation to this invoice you are in breach of your own terms and conditions.

I note with interest your reference to the Protection of Freedoms Act 2012. This legislation does not confer any legal enforceability on private parking tickets, but even more significantly, it only applies in England and Wales and not in Scotland. Your reliance on this to justify your actions is confusing to say the least.

I demand that you refund the sum of £XX within 7 days, or I will report the transaction to my card provider as unauthorised and I may initiate a court claim against you without any further notice to yourselves.

Yours faithfully,


XXXXXXX

gemlouise84

Thats fantastic , i will use that. I will keep up the posts with the outcome.