Phil Sayers
Very well known Exeweb poster
I recently got done in the Car Park just off Southernhay. Thankfully they didn't clamp me as there isn't much you can do but pay in those circumstances but I sent them the below letter in relation to their ticket. Initially I just ignored it but those bastards at the DVLA gave them my address. They haven't replied yet and I would urge anyone who does get a ticket to at least initially refuse to pay it. The legality of their penalties is questionable although unfortunately I can't say for certain that they aren't enforceable. What I would say is that they certainly won't want it tested in Court. If anyone else gets done please feel free to use / modify my letter.
"Thank you for your letter dated 21 December 2011. If I am honest it is not the best Christmas present I have ever received but I acknowledge receipt and now reply.
Turning to a few preliminary matters I accept that I was the driver of the vehicle and accept that my ticket did expire. I did not notice the parking charge signs at the time I parked my vehicle or paid but upon looking again concede that some signs are indeed at the car park.
However I wish to challenge the ticket on the follow grounds:
- The charge is grossly disproportionate. Having paid for what I believe (from memory) to be five hours to then be charged £100 for over-running by 15 minutes is frankly ridiculous.
- I deny absolutely that a binding contract incorporating that penalty clause existed. If it did exist then it is subject to a test of reasonableness under the Unfair Contract Terms Act 1977. I would suggest that imposing such a punitive clause without any negotiation between business and consumer fails that test.
- It is further in breach of the Unfair Terms in Consumer Contracts Regulations 1999.
- The amount of the charge is not a realistic assessment of your loss. It is therefore a penalty clause in law and irrecoverable. Your loss is at most an additional hour’s payment as the car park was not even full.
- Your ticket states it is an offence for any person other than the driver to remove it. As you are not a Local Authority perhaps you could refer me to the relevant legislation. If not please explain how you are not yourselves committing a criminal offence in breach of the Administration of Justice Act 1970 Section 40(d) by issuing a “document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.”
I am therefore not willing to pay the amount unless you reply to me setting out the legal basis on which you say the sum is due. Upon receipt of such a letter I will consider the content and if I am satisfied will make full payment of the amount you say is due.
Please also provide copies of any judgements made which relate to the enforceability of your parking charges.
In the meantime please do not needlessly incur further costs by instructing a debt collection agency to process your alleged debt. I will not pay without being satisfied that it is lawfully due. If this matter ends up in Court proceedings and you seek to recover such costs as part of your loss I shall refer the Judge to my request here. On the assumption that CCSCollect are such an agency I have sent them a copy of this letter.
I look forward to hearing from you.
Yours sincerely,
Phil Sayers"
"Thank you for your letter dated 21 December 2011. If I am honest it is not the best Christmas present I have ever received but I acknowledge receipt and now reply.
Turning to a few preliminary matters I accept that I was the driver of the vehicle and accept that my ticket did expire. I did not notice the parking charge signs at the time I parked my vehicle or paid but upon looking again concede that some signs are indeed at the car park.
However I wish to challenge the ticket on the follow grounds:
- The charge is grossly disproportionate. Having paid for what I believe (from memory) to be five hours to then be charged £100 for over-running by 15 minutes is frankly ridiculous.
- I deny absolutely that a binding contract incorporating that penalty clause existed. If it did exist then it is subject to a test of reasonableness under the Unfair Contract Terms Act 1977. I would suggest that imposing such a punitive clause without any negotiation between business and consumer fails that test.
- It is further in breach of the Unfair Terms in Consumer Contracts Regulations 1999.
- The amount of the charge is not a realistic assessment of your loss. It is therefore a penalty clause in law and irrecoverable. Your loss is at most an additional hour’s payment as the car park was not even full.
- Your ticket states it is an offence for any person other than the driver to remove it. As you are not a Local Authority perhaps you could refer me to the relevant legislation. If not please explain how you are not yourselves committing a criminal offence in breach of the Administration of Justice Act 1970 Section 40(d) by issuing a “document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.”
I am therefore not willing to pay the amount unless you reply to me setting out the legal basis on which you say the sum is due. Upon receipt of such a letter I will consider the content and if I am satisfied will make full payment of the amount you say is due.
Please also provide copies of any judgements made which relate to the enforceability of your parking charges.
In the meantime please do not needlessly incur further costs by instructing a debt collection agency to process your alleged debt. I will not pay without being satisfied that it is lawfully due. If this matter ends up in Court proceedings and you seek to recover such costs as part of your loss I shall refer the Judge to my request here. On the assumption that CCSCollect are such an agency I have sent them a copy of this letter.
I look forward to hearing from you.
Yours sincerely,
Phil Sayers"
