University of Southampton

Ettenna

Ahh ok. I paid in March 2014

bazster

Ettenna wrote: »

Ahh ok. I paid in March 2014

Well unless you protested at the time that you were paying under duress your case is weakened.

Don't suppose you paid by credit card did you?

Ettenna

I don't have a credit card - I only have a debit card. I have an email saying that I couldn't afford to pay it all in one go and a reply from them saying that I had to pay it all or my computer privileges would be taken away.

Coupon-mad

You really need to send a LBC to the Uni to claim this back IMHO.

http://www.huffingtonpost.co.uk/2014/02/24/universities-warned-library-fines-students-graduate_n_4845487.html

''The OFT is encouraging all universities to adopt alternative practices to deal with unpaid 'fines' so as to prevent them from breaching laws''

''Financial sanctions are never an appropriate way of managing university services – students are struggling enough with money as it is without shelling out more cash, sometimes hundreds of pounds...Any universities attempting to block students from graduating if they have outstanding 'fines' {which are in fact not recoverable in UK law} must be taken to task. Graduation is not some reward which the university can withhold until a debt is settled: it’s formal recognition of the learning process and achievement which students undertake.''

Google and read what has to be included in a Letter before Claim and go ahead. Unfair business practice under the UTCCRs and CPUTRs (read those regs, Google them).

Ettenna

That sounds like a good plan. I did a LBC for UKCPS recently and got the ticket cancelled immediately. Maybe it will work for this. Thank you.

Umkomaas

Ettenna wrote: »

That sounds like a good plan. I did a LBC for UKCPS recently and got the ticket cancelled immediately. Maybe it will work for this. Thank you.

So whack another one off to Le Professore.

Ettenna

I'm going to write it to the dean of the university and copy it to the car park manager.

Ettenna

I have drafted the following. Could someone cast an eye over it and let me know if it's ok , if I have missed out something vital or if I have added anything I don't need to? Thank you.

Vehicle registration number:

The above vehicle was issued with “penalty charge notices” at Southampton University during 2013.

I believe the £325 charge I was forced to pay was unfair and I am now writing to demand a refund for the following reasons:

• According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. Schedule 2, Regulation 1, paragraph (e) of The Unfair Terms in Consumer Contract Regulations 1999 says that terms may be unfair if they have the object or effect of “requiring any consumer who fails to fulfill his obligation to pay a disproportionately high sum in compensation”.

In my case, the £325 charge I had to pay far exceeds the cost to the landowner of less than £1 per day, based on having a car parking permit, or £8 per day based on using the pay and display car park. The charge I was forced to pay equated to approximately 16 month’s worth of parking using a permit or 40 days using he pay and display car park (I would have had to park for over 8 working weeks to justify the charge made). The “charge” is failure to display a valid permit” in which case the former cost would prevail.

• The Office of Fair Trading is encouraging all universities to adopt alternative practices to deal with unpaid “fines”. They state ''Financial sanctions are never an appropriate way of managing university services – students are struggling enough with money as it is without shelling out more cash, sometimes hundreds of pounds...Any universities attempting to block students from graduating if they have outstanding 'fines' {which are in fact not recoverable in UK law} must be taken to task. Graduation is not some reward which the university can withhold until a debt is settled: it’s formal recognition of the learning process and achievement which students undertake.'' I protested that I could not afford these “fines” but was informed that did not concern the University Parking Department and if I did not pay I would have my IT account disabled, thus preventing me from continuing my studies. I was given no opportunity to discuss these issues.

• The parking attendant parked his vehicle behind mine on 4th October 2013 thereby immobilising my vehicle and preventing me from leaving the area, until I handed over some information that he believed he was entitled to but that I was under no obligation to give him. This is in clear and blatant breach of The Protection of Freedoms Act 2012.

• Your “fines” rose by 100% from September 2013 to October 2013. Your own website states that there will be a £10 discount for early payment of a “PCN”. This is not offered on your “parking charge notices”. On the reverse of the pieces of paper which you issue it is stated that the charge is reduced to £25 for early payment with no mention of the £10 early payment reduction. This is in contravention of the information available on your website. Surely consistency should be important to a University of your stature and reputation.

• The “evidence” offered in support of your “charges” is flimsy at best. I have been presented with a some photographs of the above car in an indeterminate location.

If you do not refund me this fee I will be left with no choice but to take further action in the small claims court as I believe the charges I have paid are unfair and the courts will therefore rule in my favour. I have only felt able to take this action at this time because I have now graduated and there is no reason for threatening to withhold my qualification from me.

I look forward for a full response to this letter within 14 days of the date of this letter.

Yours faithfully,

BenefitMaster

Hi Ettenna

I'm a BMPA Lay rep, who regularly assists people who have been taken to court by Parking companies. I'm also based in Hampshire.

If I can be of assistance in helping you pursue this through the courts, please let me know.

I'll let others confirm my Bona fides in this matter.

Umkomaas

This seems to be a 'gold dust' offer Ettena. Grab this with both hands. Wow, not to be missed!