MSE News: Legality of private parking fines to be tested in court today

mas4rr

Ringside Refreshments
Neachells Lane
Willenhall
WV13 3RG
5 July 2016

Your Ref. Number:xxxx

Vehicle registration number:xxxx

Dear Sirs,

We write further in relation to your two separately received correspondences both dated 27 June 2016 that is in response to our previous letter of 15 June, to which you have provided the narrative of the legal principles and to your auspicious case studies in order to be furnished aptly with the actual drivers particulars, the contents of which have been noted.

Attention is drawn to one of your letter subsections by now clarifying that we never asserted in our letter to you that our business were working on site at this car park.

The factual background is that unfortunately our company does not hold any daily log records of the several employed drivers that freely use any of these vehicles. We have diligently challenged all the drivers on this matter and as expected none of them have admitted liability to this dispute. It is assumed at the alleged time of day that the driver for private use has used this vehicle without permission, as the nature of our business has no material cause to use this said car park.

In the relevant “Act(s)” you have notified that your firm is entitled to be provided with details of the responsible driver. Therefore, by reason of the above paragraph, your firm essentially now needs to irrefutably identify the driver by providing evidence that clearly shows imageries of the responsible driver in charge of that vehicle at that time on that actual car park, as it has not been helpful with the inadequate PCN invoice images you have previously provided. Therefore, please furnish this information in order that this can be taken further, as with all the parties concerned it cannot fulfill these “Act(s)” so as to be in compliance.

Furthermore, for transparency purposes, please provide genuine copies of satisfactory evidence that you do hold a complete and valid “contract(s)” which also shows the names, addresses and signatures that your firm “Parking Eye” has the permitted authority from both the Landowner and its managing agent to this particular car park grounds.

Our business is governed by the “Partnership” and it reiterates that it still does not accept and rejects your directed and untenable PCN invoice demand for settlement. This is prejudiced as it indeed did not knowingly agree to enter into any such legal binding contact with your firm as a registered company keeper, it cannot therefore be held accountable for the activities or debt of this unknown driver, irrespectively.

We now await the aforesaid information in due course.

Yours faithfully
Mark Smith
xxxxxxxxxxxxxxxxx 17 August 2016 reply xxxxxxxxxxxxxxxxxxxxx
Dear Mark Smith

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference 6xxxxxx.

Parking Eye Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team

beamerguy

mas4rr wrote: »

Ringside Refreshments
Neachells Lane
Willenhall
WV13 3RG
5 July 2016

Your Ref. Number:xxxx

Vehicle registration number:xxxx

Dear Sirs,

We write further in relation to your two separately received correspondences both dated 27 June 2016 that is in response to our previous letter of 15 June, to which you have provided the narrative of the legal principles and to your auspicious case studies in order to be furnished aptly with the actual drivers particulars, the contents of which have been noted.

Attention is drawn to one of your letter subsections by now clarifying that we never asserted in our letter to you that our business were working on site at this car park.

The factual background is that unfortunately our company does not hold any daily log records of the several employed drivers that freely use any of these vehicles. We have diligently challenged all the drivers on this matter and as expected none of them have admitted liability to this dispute. It is assumed at the alleged time of day that the driver for private use has used this vehicle without permission, as the nature of our business has no material cause to use this said car park.

In the relevant “Act(s)” you have notified that your firm is entitled to be provided with details of the responsible driver. Therefore, by reason of the above paragraph, your firm essentially now needs to irrefutably identify the driver by providing evidence that clearly shows imageries of the responsible driver in charge of that vehicle at that time on that actual car park, as it has not been helpful with the inadequate PCN invoice images you have previously provided. Therefore, please furnish this information in order that this can be taken further, as with all the parties concerned it cannot fulfill these “Act(s)” so as to be in compliance.

Furthermore, for transparency purposes, please provide genuine copies of satisfactory evidence that you do hold a complete and valid “contract(s)” which also shows the names, addresses and signatures that your firm “Parking Eye” has the permitted authority from both the Landowner and its managing agent to this particular car park grounds.

Our business is governed by the “Partnership” and it reiterates that it still does not accept and rejects your directed and untenable PCN invoice demand for settlement. This is prejudiced as it indeed did not knowingly agree to enter into any such legal binding contact with your firm as a registered company keeper, it cannot therefore be held accountable for the activities or debt of this unknown driver, irrespectively.

We now await the aforesaid information in due course.

Yours faithfully
Mark Smith
xxxxxxxxxxxxxxxxx 17 August 2016 reply xxxxxxxxxxxxxxxxxxxxx
Dear Mark Smith

Thank you for submitting your parking charge Appeal to POPLA.

An Appeal has been opened with the reference 6xxxxxx.

Parking Eye Ltd have told us they do not wish to contest the Appeal. This means that your Appeal is successful and you do not need to pay the parking charge.

Yours sincerely

POPLA Team

NO NO NO ..... post it here

https://forums.moneysavingexpert.com/discussion/4488337