Euro cars problem please!

[KB2000]

I have been reading posts relating to the PPC issued tickets mainly because recently my son had parked on a 'free' Tesco site in Stoke on Trent and was gone only 20-30 minutes to return to a ticket on his screen from Euro Cars demanding £50!!

 

He apparently wrote to these people advising them that he had only been on this car park for a short while but they chose to completely ignore his letter and he has now received a further letter again demanding £50 and stating that if payment is not received within 28 days, this matter will be referred to a debt collection agency which will infur a further admin charge of £25!

 

Does anybody have any suggestions please of what he should do as he was obviously the driver that day and they will now be aware of that.

 

Any assistance would be much appreciated and passed on to him.

[Sidewinder]

On what basis do Euro Car Parks believe that he owes them anything? Tesco car parks normally allow 3 hours parking before any charge (at least around here), and use ANPR to record entry and exit time. 30 minutes is ridiculous!

 

Anyway, that is an aside, as you will be aware that even though your son has acknowledged being the driver, Euro Car Parks still have to prove the existence of an agreement and that he accepted this charge as a part of any alleged contract. You might also contact the store Manager - Tesco do not like bad publicity, particularly where there is a clear injustice and abuse of power, and they can't absolve responsibility as they appoint Euro as their agents!

 

Basically they may add whatever costs they like, the ticket is almost certainly unenforceable as no contract exists between the parties. Naturally they will dismiss any appeal as they will not give up on £50 in easy profit lightly. I would write and flatly refuse to pay on the basis that either no breach occurred or lack of adequate signage meant that there was no acceptance of any specific condition - whichever fits the bill best.

 

You will almost certainly get a letter from the DCA, to which you state that the matter is in dispute with Euro then go through the whole circus again. They are unlikley to listen to anything, but will keep sending threatometer letters until either they realise that it is costing them to chase a lost cause, or until you fold and agree to pay.

 

Put up or shut up seems to be an effective way forward, for once you have made your defence and they realise that even if they try to take civil action for breach of contract that you will defend it, they may get the message sooner. Give them a couple of letters then tell them that you will look forward to seeing them in court.

[KB2000]

Thank you for your response. I have passed this on to my son and he is thinking of replying to them in the following way:

 

I acknowledge receipt of your invoice no.... dated .....

 

As no breach has occurred, I am not liable and your charge is unlawful and unenforceable. I will not be providing any payment and your continued pursuit of this matter will constitute an offence under the Protection From Harrassment Act 1997. I consider the matter closed and I am explicitly instructing you not to contact me again for any reason.

 

Would this suffice, do you think?

[Barnsley Boy]

KB2000 I fully concur with Sidewinder - it is sound advice.

 

Re: your proposed letter, I would stick in a line to the effect that "since any debt is denied it is neither appropriate or indeed allowable to refer this matter to a debt collection agency, (OFT Guidelines refer)."

 

This does not mean that they won't but sets the markers for any harrassment case you may wish to build.

 

Be prepared for drivel to come through your letterbox, keep us posted.

[KB2000]

Thanks so much for all your help.

 

I will advise him to do that and I will keep you posted.

 

Cheers.

[KB2000]

I'm back again!!

 

Nothing was heard back from Euro Car Parks all this while until now. Today my son received a letter from them saying 'whilst your comments have been noted, your dispute has not been upheld and your account remains payable. In view of this we would not appreciate your cheque by return of post'.

 

Are they just trying it on again? Any ideas on what his next move should be please?

 

Any advice much appreciated.

[Sidewinder]

To ignore anything which he has said is normal practice.

 

Your son should write and state that irrespective of any dispute being upheld he will not be making any payment in respect of their invoice, since he has entered no contractual agreement to do so, and no evidence has been forthcoming as to why they feel that the money is due. In the absence of any proof that he has any legal obligation to pay this money, any further attempts to demand payment will go unanswered, and will be deemed as harassment. In the circumstances your son suggests that the matter to be proceeded to County Court where he will welcome the opportunity to defend the action and counterclaim for time and costs.

[KB2000]

Thanks very much Sidewinder

[bib]

So what happens if you have a ticket arrive (as i did this morning) and i had a legitimate reason to park there ?

 

I was working in the store and they knew i would be there for 4-5 hours - it is their responsibility to inform euro car parks or mine?

 

Am really cross about this - as the store said they just forgot to give me a sticker to pit on my car.

 

There was no ticket put on my car on the day in question - first i heard of it was the £70 bill threatening debt collectors if i dont pay...

 

What do you think - i would appreciate your help please...