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broken down in car park

I am attempting to "appeal" a parking fine for overstaying in a shopping centre car park (2 hrs free) as when i returned to my vehicle it would not start and required mechanical attention before it would. I used the online appeal service but received no reply and the "fine" is now £100 I have draughted this letter and I would be grateful if any with experience would car to comment on the contents

To Whom it may Concern (G24 Limited)
Further to your request that I pay a parking charge INVOICE regarding an “overstay” in your car park at Westwood Cross.
I wish to inform you that on January 10th 2018 I requested that this matter be subject of an appeal regarding the circumstances of the day. I filled in all of the details to the best of my capacity however I never received any response or reply.
To clarify the situation I entered the car park 14.52 , where I shopped for approximately 1.5 hours and upon returning to the vehicle discovered that the car had a flat battery and would not start. I attempted to get some help but was not able to immediately so my wife and I caught the bus home. Once we had got to our house I contacted a family member who came to pick me up and we went back to the vehicle we attached jump leads and started the vehicle and left.
I am 76 year old pensioner and am not happy being “penalised” for something that is can only be described as an unforeseen circumstance.
The shopping centre suffered no loss what so ever by the car been left there as it was Sunday and all of the shops had closed, the only people who were inconvenienced were myself my elderly wife and my daughter who came to my rescue.

As a gesture of good will and so that your company is not out of pocket regarding this matter I enclose a cheque for £5 to cover the cost of any correspondence and postage that you have had to send and look forward to hearing that this matter is now closed.
If you intend pursing the matter further I will defend myself in the courts and provide witness testimony against any civil action to enforce this INVOICE which I dispute is legitimate in this case.

Yours Sincerely

Comments

  • Half_way
    Half_way Posts: 7,708 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    DO NOT SEND THAT.
    your first point of contact should be with the shopping centre who hired G24 th act as outs agents in its car park
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 28 March 2018 at 10:50AM
    A judge decided recently that breaking down is not a breach of contract.

    Read this

    http://parking-prankster.blogspot.co.uk/2014/01/vcs-spanked-in-court-as-motorist-and.html

    Also, many local authoritis will cancel a parking charge on evidence of the breakdown. See MC22

    https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I agree with Half_way

    Find out who employed G24, explain the situation
    and ask them to cancel the charge
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I agree with the others, include the judge's decision and Cheshire's mitigation policy.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 44,377 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You never indicate who the driver was. It's all over your initial post like a rash. You need to refer to the driver as 'the driver', no me, myself, I, my wife, my aunt - just the driver'.

    Hit the 'Edit' button.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Actually in this instance - frustration - IDing the driver is probably OK. It makes the story hang together much better

    You have a "frustrated contract" here - the contract was voided as it could not be comlpied with due to matters outisde of your control. No money can be due from frustrated contracts.
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