Courtesy Car Claim Form Gladstone’s Defence

Suzy_1

Suzy_1 said:

Also do you think I should send such letter below to the hire company? I've found this on one of the threads. Thank you so much I appreciate all your help.

Dear Sir/Madam,

 

I write in regards to the letter/email dated xxx 2019 that I have received in relation to my rental of a car for the period of xxx 2019 to xxx 2019 with contract number xxx.

 

As detailed in this letter, a £35 admin fee has been deducted from my credit card. The documentation that you have provided in support of this transaction is a speculative and unenforceable invoice from a private company called UKCPM Ltd for a “Parking Charge Notice” for an “alleged breach of the advertised terms and conditions” on xxx 2019.

 

In the terms and conditions of hire quoted on your website at https://enterprise.custhelp.com/ci/fattach/get/1291975/1308756967/redirect/1 section 4d on charges states that I agree to pay you:

"A reasonable administration fee for processing any fines or offences against the Vehicle, you or us during the rental period, unless caused through our own fault".

 

The invoice issued by UKPCM is not a Penalty Charge Notice, nor is it a fine, nor any kind of notification of traffic offence. It has not been issued by any UK authority and was not issued as a result of a contravention of any current UK traffic legislation. It is therefore not covered under the terms of my rental agreement with Enterprise and Enterprise had no authority to charge my credit card for any admin fee as there was no requirement on Enterprise to take any action on receipt of this invoice.

 

Due to those reasons given above the charges against my credit card were unauthorised and should be immediately refunded.

 

I also refer you to the enclosed article on private parking, which can also be found here: http://www.fleetnews.co.uk/news/2009/5/28/question-private-parking-fines-fleets-urged/30698/ . I am surprised that a large company such as yourselves would fall for this well-known trick and I am sure that you will want to rectify your error asap.

 

Kind regards

Could you also let me know if I should send this letter to the Hire Company?
Thank you xx

Redx

You have used 2 different parking companies in the above letter , one is incorrect , it's either UK CPM , or PCM UK , same letters , different order , totally different companies !!

Stick to the correct one in all communications 😁😁

Search the forum and Google for explanations and examples of promissory estoppel , a legal phrase , adapt and use it , if you were authorised to park there , don't if you weren't

Suzy_1

Redx said:

You have used 2 different parking companies in the above letter , one is incorrect , it's either UK CPM , or PCM UK , same letters , different order , totally different companies !!

Stick to the correct one in all communications 😁😁

Search the forum and Google for explanations and examples of promissory estoppel , a legal phrase , adapt and use it , if you were authorised to park there , don't if you weren't

Sorry, how embarrassing after reading the forum for nearly a month. It's a typo error nevertheless a big error, you're right. it's UKCPM. Thank you.

I'll correct it but do you think it would be helpful to send it to the hire company now or later?

I have checked the promissory estoppel and it actually does apply and I was authorised to park by the agreement between the landowner and my employer. But I think I will use that in my witness statement.
Thank you.

Jenni_D

You need to raise the legal point of promissory estoppel in your defence, and then expand on it in your WS - you can't introduce new defence points in your WS.  

Redx

But if the claimant raises the issue of permission to park , not authorised , you can raise a counter of promissory estoppel

1505grandad

Just a thought  -  if using anything to do with "permission to park" should that be for "the driver" as POFA is stated?

Le_Kirk

Suzy_1 said:

If you can’t it’s ok I’ll carry on digging. All I’m asking now is shall I include this in my defence or leave it to witness statement? 

If you are going to use the doctrine of promissory estoppel (when someone acting on behalf of the car park/area you parked gave you permission), you need to introduce it in your defence and then back it up with evidence in your witness statement.

Suzy_1

Le_Kirk said:

Suzy_1 said:

If you can’t it’s ok I’ll carry on digging. All I’m asking now is shall I include this in my defence or leave it to witness statement? 

If you are going to use the doctrine of promissory estoppel (when someone acting on behalf of the car park/area you parked gave you permission), you need to introduce it in your defence and then back it up with evidence in your witness statement.

Just thinking isn't it same thing as the agreement that I've mentioned-without using the word in paragraph 5 of my defence explaining that there was an agreement between the landowner and the business owner?

Also could you please check my last updated defence and let me know if it's ok to send as today is my last day to send it?

Many thanks  

Suzy_1

Suzy_1 said:

Le_Kirk said:

Suzy_1 said:

If you can’t it’s ok I’ll carry on digging. All I’m asking now is shall I include this in my defence or leave it to witness statement? 

If you are going to use the doctrine of promissory estoppel (when someone acting on behalf of the car park/area you parked gave you permission), you need to introduce it in your defence and then back it up with evidence in your witness statement.

Just thinking isn't it same thing as the agreement that I've mentioned-without using the word in paragraph 5 of my defence explaining that there was an agreement between the landowner and the business owner?

Also could you please check my last updated defence and let me know if it's ok to send as today is my last day to send it?

Many thanks  

I am truly grateful for this forum and all of you. If it wasn't for you I had no clue what to do. I appreciate everyone's effort to help me. I was totally alien to this issues a month ago and now thanks to you guys I'm able to prepare this defence. I'm sorry if I'm asking too many questions.
Thank you again

Le_Kirk

Suzy_1 said:

Le_Kirk said:

Suzy_1 said:

If you can’t it’s ok I’ll carry on digging. All I’m asking now is shall I include this in my defence or leave it to witness statement? 

If you are going to use the doctrine of promissory estoppel (when someone acting on behalf of the car park/area you parked gave you permission), you need to introduce it in your defence and then back it up with evidence in your witness statement.

Just thinking isn't it same thing as the agreement that I've mentioned-without using the word in paragraph 5 of my defence explaining that there was an agreement between the landowner and the business owner?

Yes but it doesn't hurt to point it out using the correct term; I assume you are not a lawyer (and neither am I) but we are both capable of asking Auntie Google!