Is this a good initial letter?

ianboys

Hi all,

Please advise on this initial letter to UKCPS. Thank you in advance. First time for me. I have done my best to look through the FAQ's and have (I hope) incorporated some of the right things.
Basic facts are that the driver left the site for 20 mins as well as entering shops on the retail park. He had no idea that leaving the site was not allowed as this could only reasonably be seen by approaching one of the small signs on foot (and there wasn't one at the site foot exit).
=======================
Dear Sir/Madam,

Thank you for your letter dated 27 November in relation to the above matter.

1) As you are not the owner of the land on which the alleged infraction took place, please demonstrate that you have the right to collect monies for such infractions ("locus standi").
2) The sum being sought is unrelated to any losses that could have been incurred by the landowner or UKCPS as a result of the driver leaving a free car park for 20 minutes, particularly given than the driver entered Wren's Nest retail units as well. In particular "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer." (Consumer Contracts Regulations).
3) The sum being sought is equivalent to 11.8 hours work for me in the Post Office and is entirely disproportionate as a penalty for the driver leaving a free, half-empty car park for 20 minutes. All penalties must be fair and reasonable. In particular "An unfair term in a contract concluded by a seller or supplier shall not be binding on the consumer". (Consumer Contracts Regulations).
4) In comparison with penalties for parking on a clearway or on double yellow lines the penalty is clearly disproportionate. While their fines are also intended as a deterrent, they are far smaller while deterring against a far more serious matter.
5) Your parking notice advertised that it is free to park for 2 hours in large print but the restriction on leaving the car park was in small print that could not reasonably be read from a motor vehicle.
6) I am willing to make a without prejudice offer of 10 pounds to cover any alleged infraction of your rules by the driver. I feel this entirely covers any possible loss by yourselves for the driver's 20 minute absence from the site.
7) I am also incurring costs in the matter. As both our costs are currently low I make an offer that if you cancel the ticket now I will agree not to pursue you for costs if you agree the same.

Yours sincerely,
etc

Guys_Dad

Worth a try. Be prepared for a more detailed appeal though.

Umkomaas

Have a read of this before firing that appeal off.

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

Are you seriously expecting them to settle for a tenner? Why are you giving so much information away?

ianboys

Thanks for the Ibbotson link, very useful.

Re the tenner - sure, why not? It's a reasonable estimate of loss/costs.

Re information - what am I giving away that I wouldn't have to declare in court?

Umkomaas

You need them to prove everything. 'Leaving the site' is mighty difficult - they need to prove. It doesn't need anyone giving anything away!

As far as I'm aware
, no PPC has chanced their toothbrush in court on a leaving the site case since Ibbotson.

Fruitcake

The parking company are obliged to mitigate any alleged loss they may allegedly incur. They are therefore required to tell someone they see leaving the site that they will incur a parking charge if they continue.
They have admitted seeing the driver leave the site and have admitted (by issuing the PCN) that they didn't stop the driver and mitigate their loss.
So, that's another appeal point unless you want to use the appeal template in the NEWBIES thread that most people are advised to do.


Why on earth would you offer them any money at all? They are completely in the wrong and this is very unlikely ever to get anywhere near court.


Also points 6 and 7 contradict each other. You are offering to pay them a tenner in 6 but are offering to call it quits in 7.


You shouldn't put your occupation in your appeal, (if that is where you work in 3.)