Issued a ticket even though I have an annual pass!

tintin_1929

Thanks for the replies. I haven't checked the T's & C's <ducks for cover> but when I bought the pass, they said I can change cars/plates on the pass as required for free.

Coupon-mad

tintin_1929 wrote: »

Hi Coupon-mad,

I'm back with an update! The parking appeal has been submitted and in the meantime, I have emailed Impark again asking them to update the pass (this is the third time). Guess what?? THEY GAVE ME YET ANOTHER PARKING TICKET!!

It's getting beyond ridiculous....

Take it into the station and ask to see the manager there, maybe he has a direct phone number to sort this out properly.

tintin_1929

Hi everyone - here's an update...

Got back to the car on Friday, yet another ticket bringing my total to 3. So my Friday night was spent putting a letter together, printing out and attaching evidence, etc.. as per the guidance I have had here. Sent it Special Delivery, signed for and kept all receipts etc.

On Monday morning (before the letter reached Impark), I suddenly get 4 or 5 emails back from them acknowledging my request and apologising for not having dealt with it sooner and cancelling all 3 tickets!!!. Frustrated, I reply back and highlight their failings, namely that the email address they sent with the permit letter doesn't exist, that they hadn't responded to any emails I had sent and I was getting almost daily PCNs. I then informed them that a Letter Before Action has already been issued.

I'm in a bit of a dilemma. I have spent the £6 odd on the Special Delivery, I have also had to use chemicals on my windscreen to get rid of the sticky backing left by the PCN (which was baked on by the sun each time) at about £5 or so. My wipers got covered in the sticky stuff which went all over my windscreen because it rained on Friday. So now I have to try and clean them or get them replaced. If replaced, £27. Plus all my time that has been taken on Friday night drafting the letter, printing out the evidence, etc...

In short, I'm not happy so in the Letter Before Action, I stated that I wanted £60 compensation and explained why. Am I within my rights to do this?

DoaM

Yes you are ... anyone can take anyone else to small claims for whatever reason. Whether your claim would succeed is another matter ... IMHO you have a valid claim for them to cover your losses incurred. (Except time ... only provable losses with receipts will probably get through).

Loadsofchildren123

If you want to recover your losses, you have a claim. When you bought the permit from them you entered into a contract with them , and a specific term of that contract was that they would replace the permit free of charge if your car/VRN changed.


That term was either orally agreed at the time the contract was entered into, or it may have been in the written T&Cs, you haven't said.


They are therefore in breach of their contractual obligations and their breach has resulted in the losses you have identified.


However, to recover those losses they either have to agree to pay you or you have to sue them.


If you do this properly, I think you would win. however, issuing proceedings, drafting the claim and your witness evidence, attending court, paying the court fees etc is a royal pain in the backside, so you have to be prepared to actually do it.


Send an LBC to them and see how you get on. Post it here for comment if you like. Organise it like this:
1. set out the facts (ie on x date we entered into a contract... the terms of the contract were...... On x dates I informed you of my change of vehicle and asked for a new permit. you failed to supply one and your operative(s) then proceeded to issue a number of parking charge notices to my vehicle. On x date you eventually agreed to withdraw the pcns. In the meantime, I had [=set out what you did and how it caused loss]
2. Say what your cause of action is [eg I have a claim in damages for breach of contract. You breached your contractual obligations by issuing pcns to my vehicle on x dates]
3. Say what you want: I want you to pay me £x in respect of .......
4. Say when they must reply by (14 days) otherwise you will issue proceedings.
5. Draw attention to the Practice Direction - Pre-Action Conduct and in particular the sanctions for failure to comply with it.
6. Enclose documents you rely on (eg the t&cs, copies of the NtDs)