flash parking charge

ColliesCarer

Hi George,

Here's the link to the Newbies thread where you will find the 1st appeal template letter to modify and send to Flashpark

https://forums.moneysavingexpert.com/discussion/4816822

But if you are having problems viewing here is a suggestion to send

Dear <insert parking company name>

Re: PCN number xxxxxxx

I acknowledge receipt of your further correspondence (dated xx/xx/xx - copy attached) regarding the above PCN. I decline your invitation to pay as all liability for this charge is denied.

As your letter acknowledges, I have appealed against this charge as I contend the parking contravention you allege did not occur. Furthermore I also contend:

A) The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss to your company or the landowner. I contend this charge is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal).
Should you try to rely upon ParkingEye v Beavis & Wardley at independent appeal stage, I will of course point out that it was a flawed decision at small claim level so is not binding, and Mr Beavis is continuing his defence to the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.

You are not the landowner and do not have the standing to offer contracts to drivers nor to bring a claim in your own right.

C) Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract formed. This is a non-negotiated and totally unexpected third party 'charge' foisted upon legitimate motorists who are not your customers and are not parties of equal bargaining power. Therefore ALL terms are required to be so prominent and the risk of a charge so transparent that the information in its entirety must have been seen/accepted by the driver. No reasonable person would have accepted such onerous parking terms and I contend the extortionate charge was not drawn to my attention in the most explicit way.

As you have failed to create any enforceable contract I suggest that you cancel this unjustified 'ticket'. If not, then under your Trade Body's current Code of Practice you must issue a rejection letter which, in order to answer my appeal, must include:

1. A breakdown of your alleged 'loss' (as your letter appears to indicate you are alleging breach of contract) and state the intention of your enforcement (i.e. deterrent or revenue?)

2. If not alleging breach of contract then
ii. if alleging trespass, enclose evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder.
ii. if alleging 'contractual fee' I request a VAT invoice by return and your explanation of how you can allow drivers to park 'in breach' for a fee when your client originally contracted you in order to disallow and deter - not allow and profit from - unauthorised parking.

3. Proof of your locus standi to offer contracts to drivers at this site and to bring a claim in your own right for this particular contravention. If you are not the landowner, I will need to see a copy of your contract, showing the restrictions, the charges, the dates and terms of business including any payments between yourself and your client and the definition of your status as agents or contractors and your assigned rights (if any). Such detail is necessary for me to make an informed decision. Failure to divulge your landowner contract (or heavily redacting it) will be deemed as withholding pertinent information and, of course, I will require it to be shown at independent appeal stage anyway. A witness statement will not suffice, nor a site agreement with a managing agent or other party who is not the landowner.

4. Your explanation of the consideration that you believe flowed from the driver, and from yourselves. Consideration from both sides is required for a contract.

5. A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.

6. The means to make an appeal to POPLA. This must not be withheld or delayed further, which would be an additional breach of the Code of Practice.

As you failed to simply cancel the charge, or supply the means to independent appeal in your first reply, you will also be reported to the BPA and the DVLA. A certificate of posting will be obtained for all written communications for this appeal and complaint and I intend to claim my costs when I prevail.

Yours,

George1986

Can anyone give me a brief idea of what I should email to flashpark.would be much appreciated.thank you

George1986

Thank you didn't see your post above

ColliesCarer

No worries - you've found it now.
Don't forget to complain to the BPA too about FP's breach of the BPA Code of Practise as they failed to provide a POPLA code in their response.

George1986

Thank you very much for your help.i have sent flashpark an email similar to the template and have sent an email to the bpa

Smurf611

Hi, I had the same email about the £25 offer even though I don't think I have done anything wrong. Now 10 days later I have received a letter from ccs collect saying they have been contacted to collect the debt. Any advise on what to do on this ?

Dee140157

Smurf611
Advice-don't hijack someone else's thread start your own
However before you do that read several times the Newbie thread and see what it sayis there. All the advice you need is in that one thread.