Back to parking

I have received a parking charge notice under your reference [123456]

To enable me to consider your claim, please advise of the following:

1. What evidence do you hold that shows I was parking in your car park over the

allotted time? If you hold documentary evidence please provide copies of the

same. As a private car park, any claim you have lies in contract and not in Statute.

I could only be contractually liable if I personally parked a car in the car park.

Mere evidence that a car registered to me was parked in your car park does not

prove that it was the case that I parked it.

2. What are your charges for parking in your car park? If there are no charges then

what are the contractual terms that you (your client) apply in relation to this car

park.

3. Please provide me with a copy of any ticket you claim to have issued.

4. Please advise me how it is alleged I have breached any purported contract.

In anticipation of receiving the documents requested above I would make the following

comments:

i. As your claim lies in contract it represents a claim for damages for breach of

that contract. Your penalty charge of £[??] bears no correlation to the

damages you have allegedly incurred.

ii. In light of the damages you have claimed, your claim represents a penalty

charge and is consequently not recoverable in contract law.

iii. It is my view that any contractual terms you rely upon to claim your penalty

charge are unfair and consequently unenforceable pursuant to the Unfair

Terms and Consumer Contracts Regulations 1999 and the Unfair Contract

Terms Act 1977.

Please refrain from any further contact regarding this matter unless and until you have

answered each of the points above and where appropriate provided copies of the letters

referred to.

[If appropriate] I have found your letter distressing and put you on notice that any further

attempt to demand monies from me without responding to my reasonable request for

information as set out above, will result in my solicitors being instructed to bring

proceedings under the Protection from Harassment Act which entitles me to an award of

damages together with a non-harassment order. In that event my solicitors will also seek

the costs of those proceedings.

Yours faithfully

Back to parking