Post by Sam from Kent on May 6, 2012 1:54:22 GMT -5
Nothing to do with mining, but I hope it will help some of us confronted by cowboy car park operaters.
My partner attended a St. Georges Day parade with the scouts and they all parked in the ALDI car park and received parking tickets.
I append below the letter I have advised them all to write:
Parking Eye,
P.O. Box. 565.
CHORLEY.
Lancs. PR6 6HT.
Dear Sir or Madam,
As the Keeper of the XXXXX, registration number XXXXX, I received your parking charge notice. The contract, in the unlikely event that there was one, is with the driver, not the keeper of the vehicle and it is important that you provide proof of who the driver was as any contract can only be enforced against the driver.
Without prejudice to the foregoing, even if there was a contract, which I deny, I refer you to the following:
You state in your parking charge notice that: “The signage, which is clearly displayed at the entrance to and throughout the car park.....” I have taken photographs of the entrance to the car park and there are no signs at the said entrance. This is a misleading statement designed to intimidate unsuspecting individuals into paying. This amounts to extortion, which is a criminal offence. The signage INSIDE the car park has lettering with a typeface of approximately 4.mm. high. I refer you to Clause B4.2 of Appendix A of the British Parking Association’s Code of practice which quite clearly states:” Signs must also be placed at the entrance to the site and throughout the area concerned. They should be highly visible and should state that terms and conditions apply within the private car park”. Case law did establish the importance of the prominence and adequacy of any warning signage, and that the driver actually saw and understood the signage (Waltham Forest – v- Vine)
You also state: “Parking Eye Ltd are authorised by the DVLA to process personal data provided by the DVLA data base” This again, is a misleading statement designed to suggest that your relationship with the DVLA is more formal than it is. You are only a customer of the DVLA purchasing data from them, you have no special status.
I would now like to refer you to Schedule 2 of the Unfair Terms in Consumer Contracts Regulations 1999: Paragraph (e) deems that any demand requiring a consumer who fails to fulfil his obligation to pay a dis-proportionately high sum in compensation to be unfair. Thus your charge of £70 for what is a minimal loss on Aldi’s part; this would be deemed unreasonable under the above regulations.
I also refer you to the Unfair Contract Terms Act 1977 which clearly provides under paragraph 1(e) of group 5 that "Terms may be unfair if they have the object or effect requiring any consumer who fails to fulfil his obligation to pay a disproportionate high sum in compensation". In other words, Parking Eye, in your role of managing the parking spaces can only make a charge which accurately reflects the loss of income Aldi’s had suffered arising from that alleged breach. There has also been case law on this (Excel Parking Services v Hetherington-Jakeman) which was heard in Mansfield County Court, in which the judge ruled against the parking company.
"I see your charge as unlawful, uneforceable and I am not liable. I will not be providing any payment and your continued pursuit of this matter will constitute an offence under the Protection from Harassment Act 1997. I consider the matter closed and I am explicitly instructing you not to contact me again for any reason."
Yours faithfully
My partner attended a St. Georges Day parade with the scouts and they all parked in the ALDI car park and received parking tickets.
I append below the letter I have advised them all to write:
Parking Eye,
P.O. Box. 565.
CHORLEY.
Lancs. PR6 6HT.
Dear Sir or Madam,
As the Keeper of the XXXXX, registration number XXXXX, I received your parking charge notice. The contract, in the unlikely event that there was one, is with the driver, not the keeper of the vehicle and it is important that you provide proof of who the driver was as any contract can only be enforced against the driver.
Without prejudice to the foregoing, even if there was a contract, which I deny, I refer you to the following:
You state in your parking charge notice that: “The signage, which is clearly displayed at the entrance to and throughout the car park.....” I have taken photographs of the entrance to the car park and there are no signs at the said entrance. This is a misleading statement designed to intimidate unsuspecting individuals into paying. This amounts to extortion, which is a criminal offence. The signage INSIDE the car park has lettering with a typeface of approximately 4.mm. high. I refer you to Clause B4.2 of Appendix A of the British Parking Association’s Code of practice which quite clearly states:” Signs must also be placed at the entrance to the site and throughout the area concerned. They should be highly visible and should state that terms and conditions apply within the private car park”. Case law did establish the importance of the prominence and adequacy of any warning signage, and that the driver actually saw and understood the signage (Waltham Forest – v- Vine)
You also state: “Parking Eye Ltd are authorised by the DVLA to process personal data provided by the DVLA data base” This again, is a misleading statement designed to suggest that your relationship with the DVLA is more formal than it is. You are only a customer of the DVLA purchasing data from them, you have no special status.
I would now like to refer you to Schedule 2 of the Unfair Terms in Consumer Contracts Regulations 1999: Paragraph (e) deems that any demand requiring a consumer who fails to fulfil his obligation to pay a dis-proportionately high sum in compensation to be unfair. Thus your charge of £70 for what is a minimal loss on Aldi’s part; this would be deemed unreasonable under the above regulations.
I also refer you to the Unfair Contract Terms Act 1977 which clearly provides under paragraph 1(e) of group 5 that "Terms may be unfair if they have the object or effect requiring any consumer who fails to fulfil his obligation to pay a disproportionate high sum in compensation". In other words, Parking Eye, in your role of managing the parking spaces can only make a charge which accurately reflects the loss of income Aldi’s had suffered arising from that alleged breach. There has also been case law on this (Excel Parking Services v Hetherington-Jakeman) which was heard in Mansfield County Court, in which the judge ruled against the parking company.
"I see your charge as unlawful, uneforceable and I am not liable. I will not be providing any payment and your continued pursuit of this matter will constitute an offence under the Protection from Harassment Act 1997. I consider the matter closed and I am explicitly instructing you not to contact me again for any reason."
Yours faithfully
