PRIVATE PARKING COMPANIES

Firstly the important thing to remember is that Private Parking Companies are not backed by any aspect of criminal law. Tickets from Traffic Wardens working for the police or local authorities or tickets issued by police officers are. There are provisions for them in the Road Traffic Act 1991 and these provisions allow sanctions that the issuing authority can take.
I'm sure any number of readers will be familiar with such facilities, from your local pay and display to any number of 'multi deck' car parks and even, more recently, the car parks for many stores.


PRIVATE PARKING COMPANIES RELY ON THE LAW OF CONTRACT
And while contract law can be a minefield of offer, acceptance, terms, implied terms and clauses, it can be surprisingly easy to understand in terms of every day matters such as this.

Essentially when a driver of a vehicle drives into a car park and parks his car he is implied to accept the offer for parking on the terms of the offeror (the parking company or land owner). A contract is formed and therefore the contract can be broken (or breached).

Private Parking Tickets - Template Letters



Dear Sirs,

Re: Vehicle Reg No: [#]

On [dd mmmm yyyy] you issued a parking ticket to the above mentioned vehicle that I had parked in [state location].

Could you please advise the basis in law that you feel enables you to issue a parking ticket that appears to mimic those issued by the police, traffic wardens and/or local authorities and to levy penalties

In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.

Yours faithfully

The response to the "appeal" rejection:

Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

Thank you for your captioned letter.

Since I wrote to you I have been doing some research.

I now understand that your "parking ticket" purported to have been issued with the force of law behind it. I now believe this not to be the case.

Would you please advise me what statute(s) and/or judicial precedent enable you to enforce this penalty against me.

In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.

Yours faithfully

If you are lucky that will be the end of the matter and you will hear no more.

It is more likely that they will write again, this is where it becomes more tricky to compose a template. What I have done is to write a basic letter and made suggestions for paragraphs you can insert depending on what they have said.



This is the top and tail ready for paragraphs to be added.
Quote:
Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

I refer to previous correspondence.

[#]

Unless you provide evidence to substantiate your claim against me I shall be unable to assist you further in this matter and I restate my denial of this claim.

Yours faithfully

The variable paragraphs to add to the basic letter:
You will need to make the appropriate amendments if you are writing for someone else.
You may need to write more than once. I suggest that two or three times is sufficient before moving on to a "cease and desist" letter.

If they have simply ignored what you have previously said.
Quote:
At this juncture there is nothing further that I can add to my letter of dd mmmm yyyy (copy enclosed).

If they allege that you entered into a binding contract with them:
Quote:
You appear to claim that I entered into a binding contract with you. Please provide evidence that your purported contractual terms were communicated to me in a way that I read, understood and accepted them prior to leaving my vehicle.

Even if I did - which I deny - it is my claim that the charge you allege I have to pay you is unenforceable at law being an unlawful penalty charge.

If they allege that you trespassed:
Quote:
You appear to claim that I trespassed. I deny that I committed this tort and that any liability to you arises.

Even if I did - which I deny - it is my claim that the charge you allege I have to pay you is unenforceable at law being an unlawful penalty charge and not an appropriate remedy for trespass.

If they have added further charges:

Quote:
I note that you have increased the amount of the alleged debt. Given that you have failed to substantiate and support your claim that I am indebted to you; this is unreasonable, inappropriate and, quite probably, unlawful. In addition to my previous denials I absolutely deny any liability to you for this additional sum.

If they threaten debt collection:
Quote:
I note your comments about debt collectors. Given that this debt is in dispute I shall simply advise them that the debt is in dispute and they will have to refer back to you.

If they threaten court action:
Quote:
I will welcome the opportunity to defend your allegation in court and am confident of success. Of course you will be required to produce the evidence that I have requested and you have failed to provide. You will also have to answer to the court why you failed to do so.

The cease and desist letter:
With this letter you are basically telling them to "put-up or shut-up".
Having followed the steps above, particularly if a further two or three letters have been written after the initial denial. It will be a very rash private parking company to take it further. They will simply have to explain why they did not respond.

Quote:
Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

I refer to previous correspondence.

I do not feel that you are acting reasonably in this matter.

I have asked you to provide evidence to substantiate your claim against me and you have not done so. I feel that I have done all that I can to assist you. Unless you provide evidence to substantiate your claim against me I shall be unable to help you further in this matter.

This alleged debt therefore remains disputed by me. Save for supplying the evidence referred to above I must ask you to cease and desist correspondence with me.

Other than as described above, any further correspondence from you or any other party in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

Yours faithfully

If you receive a letter from debt collectors:

Quote:
Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

This alleged debt is in dispute. I have written to your principal on a number of occasions and they have failed to substantiate their claim.

In the circumstances please refer this matter back to your client.

Any further correspondence from you in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

Yours faithfully

Originally Posted by hockey.rick Templates are great. However, still having a problem disputing a car parking fine with a company calling themselves Central Ticketing. Basically, the carpark in question is privately owned and regulated by this company and is generally for use by residents of the local flats. Earlier this month, I visited a resident and following his permission parked in a space, only to return and find I had received an £85.00 fine due to the fact that I had no permit displayed. Each resident is allocated a space and at the time his was empty. Any suggestions on how I can continue to appeal or will I just have to pay the amount levied (Have already used templates 1 and 2 to dispute their claim on the grounds that it can not lawfully be imposed). Thanks