Audi UK trying to charge me for private parking tickets.

Stroma

Well I would say pass it onto their legal department then, because if they have any sense they will realise this charge will have no chance of succeeding at a small claim. Ask them for the T&Cs that says about private parking invoices, if they can't supply it then they don't have a leg to stand on, and they will know it. So don't back down

4consumerrights

Originally Posted by The Slithy Tove
The way I read it, the OP hasn't paid anything. Audi UK have charged the garage, who are expecting the OP to reimburse them.

My mistake - skim reading!

To the OP - then - this is a matter between the garage and Audi UK. You really do need to see the terms and conditions - insist. And do file a complaint with the Financial Obudsman if necessary.

fakesheikh

I guess I'll need to e-mail them asking for the terms and conditions again.

Any ideas on how to word this?

Nodding_Donkey

Do them a favour and send them this link
http://parking-prankster.blogspot.co.uk/2014/01/reclaim-service-launched.html

fakesheikh

Used my first letter to create a draft, would appreciate it if anyone could help me out on this. Don't want to word anything wrongly.

To Whom It May Concern,
In response to your disappointing reply, I would like to stress a few points.
1) I would like to request a copy of all paperwork associated with the hire as well as any term & conditions which I am obliged to do so under the consumer credit act. If these are not received a formal complaint will be filed against you with the Financial Ombudsman.
2) Although not having a copy of your terms and conditions to hand, I can imagine they either do not make me responsible for tickets, in which case the driver of the vehicle is not liable.
Or they do make the driver responsible, in which case Audi UK had ample opportunity under the Protection of Freedoms Act to discharge their responsibility by naming the driver of the vehicle. By not doing so Audi UK have also prevented the driver from exercising their right to appeal.
3) In light of this demand it would seem that you aim to rely upon a clause in your terms and conditions that makes the hirer responsible for penalties. It would appear that Audi UK intend to rely upon the "hirer is responsible for penalties" clause to cover their own ignorance rather than take reasonable steps to prevent unnecessary loss.

The case of Ibbotson made it abundantly clear that in such situations it is iniquitous to expect someone to make good your own failings.
4) You continue to refer to the case in hand as being brought about through the inception of ‘fines’ I think your legal department will be able to advise you with regards to what constitutes a ‘fine’ and I think you will find the ‘invoices’ in question are not ‘fines’.
Thus it for yourselves to argue with Audi UK for your money back.

In light of the above, I deny the debt. Should you wish to take this matter further I would like to request a copy of the terms and conditions before deciding upon further action.

Yours Sincerely

jimjames

Nodding_Donkey wrote: »

Wow, I'm going to start sending Audi UK invoices. I'll never have to work again

I think a few other people might do the same if they know.

I wonder if the parking companies have cottoned on to this and specifically target Audi Uk vehicles?

4consumerrights

Can you confirm which PPC this is first.

Then:

To Whom it May Concern:

Further to my previous correspondence dated xxxxxxx and your reply dated xxxxxxx, it is noted that you still have failed to provide any terms and conditions relating to this incident. It is your legal obligation to provide such terms and conditions under the Consumer Credit Act and should you continue to pursue me in this matter, then a formal complaint to the Financial Obudsman will be raised.

I deny all liability to pay this debt and this is a matter between Audi Uk and the garage as:

This is not a penalty or a fine but a civil matter by a private parking company. The Protection of Freedoms Act permits the registered keeper to be pursued providing certain criteria has been met.

The Registered Keeper is able to appeal the parking charges both to (name of parking company) and then invoke the second stage appeals by the Independent Appeals (either POPLA or IAS). The aforementioned Act also invites the registered keeper to name the driver, providing a serviceable address for the PPC to issue the parking charge - this then discharges all liability for payment by the Registered Keeper (Audi) and the PPC must only pursue the driver for payment. The driver is then able to appeal the parking charge using the appeals system.

It is clearly apparent that Audi made no attempt to either appeal these charges or to name myself as the driver, and has thereby made no attempt to comply with their legal obligations to mitigate any losses.

Therefore this debt is strongly denied and I believe it is a matter between yourselves and Audi and any legal action will be rigorously defended. Should you continue to pursue me in this matter, then I will have no alternative but to take this matter up with the Financial Obudsman and may raise a joint and several claim for damages against both the garage and Audi.

The_Slithy_Tove

Your response is a little all over the place. For s start, you must be absolutely clear if you ever use the word fine or penalty. This is neither. And mentioning Ibbotson will mean nothing at all to anyone not familiar with the whole PPC scam and these forums.


No, I would simply say that you demand to know the legal basis upon which they think you owe them money. If it's on a contractural basis, then they must show you exactly where some contract or agreement you are bound by says you are responsible for paying such a private invoice (which is neither fine nor penalty).


If they want you to pay them anything, they will have to take you to court, where they will need a clear legal basis for their claim.

fakesheikh

Thanks for your responses, the PPC is F1RST Parking.

fakesheikh

Is this any good?

To Whom it May Concern:

Further to my previous correspondence dated 12/02/2014 and your reply dated 13/02/2014, it is noted that you still have failed to provide any terms and conditions relating to this incident. It is your legal obligation to provide such terms and conditions under the Consumer Credit Act and should you continue to pursue me in this matter, then a formal complaint to the Financial Ombudsman will be raised.

I demand to know on what legal basis you think I owe you any money. If it’s on a contractual basis, then I want to know under what contract or agreement I am bound to pay private invoices.

I deny all liability to pay this debt and this is a matter between Audi UK and the garage as:

This is not a penalty or a fine but a civil matter by a private parking company. The Protection of Freedoms Act permits the registered keeper to be pursued providing certain criteria has been met.

The Registered Keeper is able to appeal the parking charges both to First Parking and then invoke the second stage appeals by the Independent Appeals (either POPLA or IAS). The aforementioned Act also invites the registered keeper to name the driver, providing a serviceable address for the PPC to issue the parking charge - this then discharges all liability for payment by the Registered Keeper (Audi) and the PPC must only pursue the driver for payment. The driver is then able to appeal the parking charge using the appeals system.

It is clearly apparent that Audi made no attempt to either appeal these charges or to name myself as the driver, and has thereby made no attempt to comply with their legal obligations to mitigate any losses.

Therefore this debt is strongly denied and I believe it is a matter between yourselves and Audi UK and any legal action will be rigorously defended. Should you continue to pursue me in this matter, then I will have no alternative but to take this matter up with the Financial Ombudsman and may raise a joint and several claim for damages against both the garage and Audi.

Yours sincerely,