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Zenith

Hello All

I received a parking fine for staying on ASDA over 2 hours one evening. I did not see the signs at the time stating that there was a time limit.

I used the below template the write back to them:

Dear Sir or Madam,

Ticket number: [insert ticket number]
Vehicle registration number:

You issued me with a parking ticket on 17.02.2015 but I believe it was issued unfairly. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reason:


• There was insufficient signage
The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally. Please see attached evidence, [explain your evidence here & include and refer to documentary evidence if you have any], I have gathered as proof.

The charge is disproportionate and not commercially justifiable
The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

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. In my case, the £40 charge you are asking for far exceeds the cost to the landowner.



• [Enter any further reasons of your own to support your claim and include as much detail as you can].

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

Yours faithfully,

[insert your signature]

[insert your name (printed)]


I then ignored any further communication from them. I was not aware of POPLA and im still not sure i understand what that is.

I have now had my first letter from Zenith stating that they have purchased the debt from the Parking company.

Please advise on what I should do next?
«1

Comments

  • ok 2 questions


    1: name of parking company used by asda at this location


    2: please clarify " first letter from Zenith stating that they have purchased the debt from the Parking company."


    do you actually mean they are trying to collect money on behalf of the parking Co.
  • Hello

    Its Smart Parking LTD and yes thats how i read the letter.

    I just found this:

    .bp.blogspot.com/-QDt8tcZhHq4/URfMYzeiiMI/AAAAAAAAABw/nIIjI5EZgXQ/s640/21.5[/url]. jpg

    sorry it wont allow me to post the weblink.

    which looks very similar to my letter.
  • have you received a notice of assignment of (alleged) debt from smart to the new company?
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    have you received a notice of assignment of (alleged) debt from smart to the new company?

    We need to see the (redacted) paperwork on this. Never previously seen Zenith claim to have purchased the "debt".
    Je suis Charlie.
  • that was my thought


    can anyone convert this: .bp.blogspot.com/-QDt8tcZhHq4/URfMYzeiiMI/AAAAAAAAABw/nIIjI5EZgXQ/s640/21.5[/url]. jpg


    into a readable format?
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    that was my thought


    can anyone convert this: .bp.blogspot.com/-QDt8tcZhHq4/URfMYzeiiMI/AAAAAAAAABw/nIIjI5EZgXQ/s640/21.5[/url]. jpg


    into a readable format?

    I had a go, I couldn't make it work either.
    Je suis Charlie.
  • hi thanks for your help.

    Its says

    we write regarding an outstanding amount relating to a Parking Charge issued on 17/3/15 on behalf of Smart Parking LTD.

    details shown below. the current amount in £120. Please accept this letter as official notification that Zenith Collections are now responsible for the recovery of this debt. as of the date shown on this letter all communication and payments in respect of any amounts outstanding relating to this charge should be made to ourselves.
    it is our intention to collect this debt and pursue it to a legal conclusion if necessary.

    as debt recovery has been transferred at a discounted rate, we are prepared to accept a reduced settlement of £80 to avoid the necessity and expense of legal action.

    please note this will be our only offer of payment at a discounted rate and that payment must be made within 14 days of the date on the letter. If we do not receive payment or contact from yourself within this period then your account will revert to the full amount due.
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Just as I thought, it doesn't say they've bought the debt. Standard debt collector threatogram, ignore it.
    Je suis Charlie.
  • This has made me really nervous.

    Do I need to appeal? Or just ignore it completely?
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    You ignored the opportunity to kill this stone dead at POPLA, so ignoring is probably your only option now.

    Smart aren't currently known for bringing court claims.
    Je Suis Cecil.
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