"Parking Charge" £70 Euro Car Parks?

[dw190]

Hello,

 

I am a new member, although for a number of months [as will become clear] I have had the benefit of using the advice offered in this thread. I (too) have suffered the wrath of Euro Car Parks ... having been given a penalty for being parked in a disabled bay (and displaying a badge) which I thought was immune from charges. I have not admitted who was driving ; initially sent a letter telling them it was an oversight and advising that their signs aren't clear ; asked them to reconsider ... and got nowhere. The expert advice I gleened from this thread prompted the following letter ... and their eventual reply :

 

Good day,

 

I write in response to your letter dated ****

 

Please be aware, I do NOT have an account with yourselves or your client.

 

I do not accept this overdue amount as my responsibility, and do not wish to entertain any further correspondence suggesting so. You should instruct your client that I am the registered keeper of the vehicle in this matter. They should find the driver, and pursue the charge with them.

 

I would also draw their attention to the Office of Fair Trading’s Report of 2000, which declares that such resort by a company to a debt collector will have no basis in law unless the other party has a contract which specifically stipulates that the company may resort to such. I have no contract with your client.

 

As for yourselves, you should be aware that under constitutional law you are breaking the law by demanding money from me before any court conviction (bill of rights 1689). Therefore any claim you have is null and void as you have demanded monies from me.

 

Should you pursue this matter, I will report you to the OFT, as in their "Debt collection guidance - Final guidance on unfair business practices", they define an unfair business practice as "sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier'..."

 

Having given this matter fair treatment, please understand the following stipulation :

 

Any further letters received from you or your client will trigger the acceptance of the fact that you agree to pay me an administration fee of £50 per letter. Additional fees will be charged on a time/cost basis. I will invoice you and request payment within 7 days otherwise court action would follow on the 8th day. These terms are fair under the Unfair terms Act 1999 as this is for my time and expenses.

 

... and the reponse ...

 

We refer to your recent query on the above account and, whilst your comments have been noted, you dispute has not been upheld and your account remains payable.

etc.

 

My blood is now boiling. Do I send an invoice, ignore this, or tell them I will see them in court. I am fully willing to carry out the actions I have threatened (although these will ultimately take time). Many thanks for your considerations.

 

Silence is Golden.

 

They don't know what to write so you have received their standard reply to any appeals they receive.

[dave/ber]

thanks 4 the reply Harby 48 and dw190,

nice letter Harby48, bet it relay infuriates them when they get mail like that, as dw90 said the standard reply will have to do, after all we AR i think talking 2 a machine , Has anyone noticed ! when you have a query all you get is an automated response, Place an oder or pay a Bill you get a PERSON, AMASSING,

[MARTIN3030]

I think they should be a sign saying your being watched. I once saw a programme on More 4, you are entitled to see any image of yourself, it was a programme about the nanny state of britain.

 

 

Yes this is correct.

You are perfectly entitled under the data protection act to request that any still or moving images of you that have been taken or recorded are released to you in the format of your choice ie Video/DVD.

Your 10.00 fee covers this.

Its not something they want you doing but it is your right.

Its also a legal requirement under the data protection act that the signage should give contact details of the persons/organisation controlling the system to enable you to make such a request.

There should be signage close to each camera and they should be in good working order and show clear and intelligable pictures.

How many pubs/shops and supermarkets do you know that are not conforming ?

I know quite a few !!

[patdavies]

Yes this is correct.

You are perfectly entitled under the data protection act to request that any still or moving images of you that have been taken or recorded are released to you in the format of your choice ie Video/DVD.

Your 10.00 fee covers this.

Its not something they want you doing but it is your right.

Its also a legal requirement under the data protection act that the signage should give contact details of the persons/organisation controlling the system to enable you to make such a request.

There should be signage close to each camera and they should be in good working order and show clear and intelligable pictures.

How many pubs/shops and supermarkets do you know that are not conforming ?

I know quite a few !!

 

Please note that this is not an absolute right.

 

It may be correctly refused if

a) the effort to supply the data is 'disproportionate'

b) the personal data of others is also within the same footage

c) other lawful exemptions within the DPA

d) exemptions arising due to the Durant case

[dave/ber]

HI all, i have just received a letter from a firm called ,Controlaccout, Passed on to them by Euro car parks, to recover my so called overdue account, as i said previously I have "E" mailed them and got no reply, the only contact we have had is the demand for money, Help pleas whats my next step?

[rogerebaker]

Dave/Ber

 

Heres a copy of a good letter I found on another forum

 

Dear Control Account

 

Re ---------

 

 

 

 

 

 

 

Yours

 

Dave/Ber

[Guest perky88]

send them a letter by special delivery, keep a copy ..

If they dont respond, you can show any court you wrote to them and they received it !!

[dave/ber]

the letter also states that i am to ring them within five working days, that the letter was sent (dated 22/8 07) Received today Friday 24/8/07, Bank holiday on Monday ,doesn't give Y's much time, Do i phone them?

[dave/ber]

Rogerebaker, thanks Byt I dont seem to have the letter?

[dave/ber]

perky 88 thanks will start writing

[dave/ber]

To perky88,

Letters compleated, one to euro car park, one to the debt collecting agency, also sent copy of the "E" mail Whitch i sent 8/8/07, p.s my fine has gone up to £95 now, WillKeep you all informed

[rogerebaker]

Dave

 

There is no letter thats the point. Either pay them or call their bluff but I wouldnt waste the time or energy writting or phoning them.

 

Ive had one or two of these and the more you try and communicate the more threatening letters they produce.

 

Just ignore them completely and they will eventually go away

 

Ive yet to see on this or any other forum a case where they have tried their luck in front of a court. Its like bank charges if they lost their whole industry would be gone in a day so they wont.

 

Just wait for the next letter and the next and the next all giving you more time. It gets amusing in the end

[dave/ber]

Sorry Roger, How dumb am I, it really is great having support off others,

Unfortunately in my hast I sent them a letter and one to euro car parks with a copy of the e mail, kept copies of all, and sent them by registered post, the thought process being that I’m trying to be Reasonable,

Now ill wait and see what happens. thanks again to you all

[mack.pm]

Hi there everyone. I parked at Sainsburys Portsmouth today and parked in what we thought was a mother and toddler space. When I retrurned to my car Euro Car Parking fine was there for £50 saying I was in a disabled space....and it said pay now for £30 what does everyone think of this ? I know I was wrong and should 'open my eyes ' but I am honest in saying it looked like the end mother and toddler space.

 

thanks

[dw190]

Hi there everyone. I parked at Sainsburys Portsmouth today and parked in what we thought was a mother and toddler space. When I retrurned to my car Euro Car Parking fine was there for £50 saying I was in a disabled space....and it said pay now for £30 what does everyone think of this ? I know I was wrong and should 'open my eyes ' but I am honest in saying it looked like the end mother and toddler space.

 

thanks

 

They are alleging you did something that you didn't do, but that will not stop them trying to get the money.

 

If you do nothing (IMO thats the best thing to do at this stage) the Registered Keeper will probably receive a reminder that the invoice has not been paid.

 

As any contract could only be made with the driver, the Registered Keeper can respond as the RK and advise them to contact the driver.

 

The RK is under no obligation to give details of the driver.

[dave/ber]

OK guys tis I again , I have just been to my sons misdemeanor scene, and it states ! 1 hour Max stay, no return within 3 hours, although you have to get close to read it, So those of you following my saga, What now?

[dw190]

OK guys tis I again , I have just been to my sons misdemeanor scene, and it states ! 1 hour Max stay, no return within 3 hours, although you have to get close to read it, So those of you following my saga, What now?

 

Getting a bit lost on whats happening.

 

You sent them a letter copied to a debt collector, but what did you say?

[dave/ber]

dw190,..In a nutshell, My boy receives a a final demand from euro car parks for an overstay at a lidle car park, he swears he did not overstay, no times on the letter just the date,he states he was in the car the whole time and seen no warden, I sent an "E" mail to Euro car parks , Explaining that he never received a ticket, this was the first he new of it ,and he might not have been driving. then I found this web site, hence the posts for advice. 14? days later He gets a letter from the debt recovery agents, now the fine has gone from £70 to £95, I wrote and sent by registered post, a copy of the "E" mail I originally sent,Plus an additional letter Explaining that as far as knew I had no contract with Euro car parks, the day after posting I had the opportunity to visit the car park (its 30 miles away) And read the signage which you have to Be very close to read, It states that parking is limited to 1 hour (not the usual 2 as we had assumed) no return within 3 hrs, breaching this could attract a payment of £70 , it dose not say anything on the sign about CCTV except when entering the shop.It dose state that the car park is patrolled, !st "E" mail to ECO, I received yesterday your demand for£70 overstay at Bangor lidle car park, As numerous people tend to use my car I have no idea who was driving at the time, further there has been no ticket handed to me, and I have not received any prior notification from you're selves until this letter arrived yesterday, Tuesday 7th August 2007. the letter is dated 31st July 2007 which does not give m the 14 days required before you hand it to the debt collecting agency. I think you should put you're house in order before you start threatening people this letter is nothing short of harassment, and will be forwarded to my legal team should I here any more from you.

 

1st letter to debt collecting agency,

Dear sir

I received today a letter from your selves regarding an unpaid account I wish to inform you that I have no account with Euro car parks Ltd and have e mailed them on 8/8/2007 to inform them. For your information I have never received a parking ticket or any other warning from euro car parks except the initial demand for money or they will get in touch with a company such as your selves, I would like to see proof of my overstay if this is the case with the issue ticket, as I am shure you would if you had to pay out money for something you haven't done.

I will also be writing to euro car parks again.

this letter will be kept on file and handed to my legal team should you decide to proceed further.

Please also find enclosed copy of my firs contact with euro car parks.

 

2nd letter I wrote to euro car parks.

Dear sir/madam

I received today a letter from your debt collecting agency having had instructions from you to commence litigation against me, I wrote an e mail to you on 8/8/07 pleas find enclosed copy of email to which you did not reply I therefor ask you to read the aforesaid e mail and reconsider, this letter will be kept on file and handed to my legal team.

 

well thats it in a nut shell hope I haven't messed up thank you all for your interest, what do you think ?

[dw190]

dw190,..In a nutshell, My boy receives a a final demand from euro car parks for an overstay at a lidle car park, he swears he did not overstay, no times on the letter just the date,he states he was in the car the whole time and seen no warden, I sent an "E" mail to Euro car parks , Explaining that he never received a ticket, this was the first he new of it ,and he might not have been driving. then I found this web site, hence the posts for advice. 14? days later He gets a letter from the debt recovery agents, now the fine has gone from £70 to £95, I wrote and sent by registered post, a copy of the "E" mail I originally sent,Plus an additional letter Explaining that as far as knew I had no contract with Euro car parks, the day after posting I had the opportunity to visit the car park (its 30 miles away) And read the signage which you have to Be very close to read, It states that parking is limited to 1 hour (not the usual 2 as we had assumed) no return within 3 hrs, breaching this could attract a payment of £70 , it dose not say anything on the sign about CCTV except when entering the shop.It dose state that the car park is patrolled, !st "E" mail to ECO, I received yesterday your demand for£70 overstay at Bangor lidle car park, As numerous people tend to use my car I have no idea who was driving at the time, further there has been no ticket handed to me, and I have not received any prior notification from you're selves until this letter arrived yesterday, Tuesday 7th August 2007. the letter is dated 31st July 2007 which does not give m the 14 days required before you hand it to the debt collecting agency. I think you should put you're house in order before you start threatening people this letter is nothing short of harassment, and will be forwarded to my legal team should I here any more from you.

 

1st letter to debt collecting agency,

Dear sir

I received today a letter from your selves regarding an unpaid account I wish to inform you that I have no account with Euro car parks Ltd and have e mailed them on 8/8/2007 to inform them. For your information I have never received a parking ticket or any other warning from euro car parks except the initial demand for money or they will get in touch with a company such as your selves, I would like to see proof of my overstay if this is the case with the issue ticket, as I am shure you would if you had to pay out money for something you haven't done.

I will also be writing to euro car parks again.

this letter will be kept on file and handed to my legal team should you decide to proceed further.

Please also find enclosed copy of my firs contact with euro car parks.

 

2nd letter I wrote to euro car parks.

Dear sir/madam

I received today a letter from your debt collecting agency having had instructions from you to commence litigation against me, I wrote an e mail to you on 8/8/07 pleas find enclosed copy of email to which you did not reply I therefor ask you to read the aforesaid e mail and reconsider, this letter will be kept on file and handed to my legal team.

 

well thats it in a nut shell hope I haven't messed up thank you all for your interest, what do you think ?

 

If thats the case you appear to have done all you can. Its probaby a matter of being able to keep calm and file any further letters they send for future reference until such time as the issue in the court. (I doubt if they will do that)

[dave/ber]

Thanks dw90 I was Worried there for a bit :o thought had messed it up again, ill keep you informed,

[dave/ber]

Hi all the saga continues, just received my 2nd letter off Controlaccount, it reads,

It is a Legal requirement to send notice of an intention to make a civil claim before that claim is issued. This letter fulfills that requirement and has been sent to you at the last address we hold for you.

 

This is your final chance to prevent Litigation being commenced against you: if you ignore this warning then proceedings may commence and judgment will be sought.The cost relating to such Litigation will be added to the amount claimed,together with interest at a statutory rate of 8%.

 

If Judgment is obtained and an order for repayment in full is granted but remains unpaid,then enforcement of that Judgment against you may be sought by any or all of the following procedures:-

 

- Warrant of Execution by Bailiff or Sheriff against goods or assets owned by you ether solely or with another (s).

- Application for an Attachment of Earnings upon your employer.

-Attendance in Court to be Orally Examined as to your means and assets.

-Application for a charge upon Property, Insurance Policies and Pension Funds etc.which may be owned solely or with others.

 

Cheques or Postal Orders should be made payable to our above named client with your reference XXXXXX and ticket number XXXXXXXX printed on the reverse and sent to the above address.

 

Yours sincerely, XXXXX.

 

Well now I'm really:-x The amount payable stays the same however £95.00.

Ican see why some people pay up, My sons getting the jitter rs , But allowing me to carry on, Question Am I allowed to do this on his behalf and with his permission ?.

[Guest perky88]

The letter they have sent to you is correct (well, almost - although they can put charge on an item you jointly own - they can only collect payment from your share)

 

They can request stat rate of 8% interest ... but this is the max and most judges allow 4-6% ... but only pennies either way.

 

 

The key here is "IF Judgement is obtained" ...

 

I would say, if they havent provided you with evidence by now - they probarly donot have any ... Cant understand why they would withold it only to magically produce it after court proceedings have been issued.

[dave/ber]

Hi perky,

Thanks fore that,I was thinking its enough to give an oldish person a hart attack I suppose its all wrote in Legal Jargon, They wold have a job getting anything out of my son ,He never has two Penny's to rub together.

[clearblue07]

I had a dealing back in March/April time with Euro Carparks and sent the email recommended on this forum about asking for evidence that I as the registered keeper have entered into a contract etc. I have not heard anything since....so I assume it worked.

 

In June I had another dealing about a separate incident, this time it came straight form the debt collectors, Roxburghe, acting on behalf of an NHS car park. I issued the same reply as I did for Euro Carparks. This time they responded saying that they had not received a sastisfactory response and continued to ask for the money.

 

What should I do? I was a bit unsure if this came under private or public carparking and whether I can still apply the same principles or not???

[dave/ber]

Hi all i just got back from my hols, nothing from euro car parks,thats nearly 3 weeks,maybe they have lost my address ? , Hello clearblue07, sorry about your predicament, all i can sugest is to look through this site and glean what you can, it was a great inspiration to me, and the coments from the others were reasuring, But ultimately the decision is yours, Take them on, or pay up, My instinct was to pay and save the hastle, but having gone through the site i felt cofident enough to see what happens, after all I've commited no crime so why should i pay? Especially the price they want its totally out of order, let us know how you get on.