Cease and desist: keeper was not the driver

anotherdriver

Hi all!
I have read the sticky posts and am doing this on behalf of my father.  
My plan is this cease and desist letter... Is it possible for someone to have a look over it for me please? I hope I have the wording right re double recovery etc.

Background:
Comprehensive Management Solutions Ltd. > ZZPS > QDP (subsidiary of Wright Hassall)
I live in a flat complex and park there every day with my permit. Stupid me, I forgot to swap the permit out. I needed his car to move out that day so I was loading and unloading.
I have had a couple of tickets before having lived there for 5 years as have friends in the building. Non of the letters have ever gone to claims stage. But, he is getting the classic letters, and getting antsy. I have said ignore them all and if it gets to claim stage then I'll just pay up knowing that it won't. He's now feeling worried that he, as the keeper is being chased. I don't feel like I have a right to tell him to keep ignoring the letters, it's not his problem.  I am writing on his behalf, the keeper who is receiving the letters but not identifying the driver.

Dear Sir/Madam, 

Re: PCN at xx, on , PCN, ref:xxxxx. 

I acknowledge your letter, dated xxxxxx.

I am replying on behalf of my elderly father, Mr. x x who is keeper of the vehicle but was not the driver on the day in question.

The debt is denied. He has no intention of paying the money demanded by your client as they have no locus standi regarding the PCN in question and you should inform them to refer the matter back to your client’s client, Comprehensive Management Solutions Ltd.

The debt is denied for several reasons, including but not limited to:

- The signage is inconspicuous, uses ambiguous language and small print which is impossible for a driver to read before parking.

- No contract was formed with the driver (Vine v Waltham Forest being the persuasive authority regarding unseen, unclear signage).

- No driver of this vehicle recalls any PCN being served. I require photographic evidence of the PCN served and the signage on the day.

- Your client did not use the required wording in their documents, to meet the statutory requirements for keeper liability under the POFA 2012. He cannot be held liable and there is no obligation upon him as keeper, to name the driver.

- The amount you have charged is not based upon any genuine pre-estimate of loss to your company or the landowner. In my case, the charge you are asking for far exceeds the cost to the landowner. He therefore feels the amount you are asking for is excessive and will be considered double recovery.

Since the debt is denied, debt collection activities are not appropriate and will be wasted costs on your part. Should the principal wish to settle the matter in court, please ensure they follow the appropriate practice directions for the civil courts.

Your firm is required to cease and desist all further contact with the keeper of the vehicle (Mr x x) who was not the driver on the day in question. Any further correspondence from you will be considered harassment and will be reported to the appropriate authority.

Yours faithfully,

ZZZZZZ

knightstyle

So what does the lease say about parking?  Is there any mention of displaying a permit in it? 
Is it your space or just a residence's car park? 
Answers to these questions will help the experts on here come to your aid. 

KeithP

The first thing I would say is that letter, or any letter must be sent in the name of the Registered Keeper.

If you send it in your name 'on behalf of' someone else, the PPC will then want a signed authority allowing you to act on his behalf.

I suggest that you do appeal on his behalf, but in his name as if it is coming from him.
Set up a gmail account in his name specifically for this 'project'.

Why don't you use the one size fits all blue text template appeal easily found in the first post of the NEWBIES thread?

The template you have found is very old - at least five years old.

Fruitcake

You could also use your own postal address so everything comes to your home.

Redx

Read this thread about the importance of the lease , show it to us

https://forums.moneysavingexpert.com/discussion/6218726/pcn-while-in-gfs-allocated-parking-bay-permit-slipped-off-dashboard/p1

It is extremely important that this is done in the name of the person being pursued , even if you are doing the work as assistant

Coupon-mad

You CAN'T send a reply talking about the need for a PCN to be a genuine pre-estimate of loss, it marks him out as a clueless victim.  That argument went in the bin thanks to the views of the out of touch, rich Judges in the Supreme Court in P/Eye v Beavis in 2015, who actually thought the law was worth twisting for this scum industry.  Utterly clueless of them, and that badly-determined case has damaged consumer rights almost as much as the awful POFA 2012 (Schedule4) that handed these aggressive firms 'keeper liability' for someone else's contract.  Ludicrous, but they both happened.

Also, you do realise that parking firms do sue people these days, a lot?  Why no just reply as him, naming you as the driver and giving your address, to take it away from him and handle it properly yourself, and defend if you then get a claim?

beamerguy

Background:
Comprehensive Management Solutions Ltd. > ZZPS > QDP (subsidiary of Wright Hassall)

YES ..... are you aware of WHOPLA ???

ZZPS by the way are just sewer living creatures........ dismiss the idiots