14-03-2012, 08:30 PM
ARGH!
My dad in law's received a letter stating he has to pay £120 as the registered keeper of his Fiesta as the driver overstayed the allotted hour's stay in the tesco car park. I got him to appeal the charge as they're basically hounding him personally for the money even though it's a civil contract between the driver and the land owner. There's a few of us insured on the motor and he doesn't remember being there at that time, so can't admit to being the driver, and their response has basically cited a county court case that bears no relevance to the case against the driver in an attempt to scare him into paying. I'd just typed this (quoted below) up for him in response to their underhand bullying and you know what he's said?
"I'm just going to pay it, I don't want to go to court, i'm too old for this".
I've tried to reassure him i'll represent him along with my lawyer should it ever go to County Court but he's terrified of what might happen should it go to court. If it was me i'd be taking Parking Eye to court myself for the way they're making him feel through no fault of his own but it's not me and i'm helpless without his consent.
FML, watching him throw £120 down the pan. He's 63 ffs, who the f*ck are these people to do that to a near enough pensioner?
My dad in law's received a letter stating he has to pay £120 as the registered keeper of his Fiesta as the driver overstayed the allotted hour's stay in the tesco car park. I got him to appeal the charge as they're basically hounding him personally for the money even though it's a civil contract between the driver and the land owner. There's a few of us insured on the motor and he doesn't remember being there at that time, so can't admit to being the driver, and their response has basically cited a county court case that bears no relevance to the case against the driver in an attempt to scare him into paying. I'd just typed this (quoted below) up for him in response to their underhand bullying and you know what he's said?
"I'm just going to pay it, I don't want to go to court, i'm too old for this".
I've tried to reassure him i'll represent him along with my lawyer should it ever go to County Court but he's terrified of what might happen should it go to court. If it was me i'd be taking Parking Eye to court myself for the way they're making him feel through no fault of his own but it's not me and i'm helpless without his consent.
FML, watching him throw £120 down the pan. He's 63 ffs, who the f*ck are these people to do that to a near enough pensioner?
Quote:Dear Sir/Madam,
Thank you for you correspondence relating to my appeal of parking charge 590007547386.
I have researched the County Court case of CPS vs. Thomas, and Judge Ackroyd's ruling. I have noted that the Judge ruled "on the balance of probability". I am also aware of the evidence that was provided by the prosecutor and how it originated from an admittance of guilt on an online, publicly viewable consumer advice forum, to be later edited to remove the original admittance, hence leading to the ruling of probability in the prosecutor's favour. At no point have I denied that the driver was me, however I have stated several times that I am unaware who the driver was at that date and time. Your response to the appeal states that I denied I was the driver, as such your rejection of the appeal is unsubstantiated as you have not considered the appeal with the information provided in mind. If I were found to be the driver after having originally denied breaching the contract then yes, a Judge would rule against me, but without evidence as to the identity of the driver I can not be held accountable.
The citation of the CPS vs. Thomas case in your letter appears to have been used vaguely and I am not sure why you would include it in your response, but if you are suggesting this may be the case should I be summoned to County Court over the matter I am prepared to contest this fully. Having spoken to my lawyer, he has advised me that you should provide me with further evidence as to the identity of the driver of the vehicle or refrain from contacting me again. I am under no obligation to find out who the driver was for you as this is a Civil matter and not a Road Traffic Offence. Section 143 (1) of the Road Traffic Act 1988 ascertains that the keeper of the vehicle should know at all times the identity of the driver of the vehicle to ensure the vehicle is insured for use on the road. As this matter does not question the validity of insurance or use of the vehicle on the road, given that the charge relates to use of the vehicle on private land, my inability to identify the driver does not, in my opinion, count as an obstruction of justice. It is therefore up to you as the accusor to prove who the driver of the vehicle was at the time of the breach of contract.
A County Court ruling is also not representative of Case Law and there is no indication a judge would cite the case in a County Court. A judge will most likely rule in favour of the defendant in cases with a lack of evidence, I would like to see the evidence you would bring to court so I can examine it fully.
Unless your response is to provide me with further evidence to support you pursuing me for the charge you will not hear from me further, instead from my legal representative. Further hints of accusation "on the balance of probability" and threats of fines when you can not identify the driver will have the case viewed as harassment on my part and this will not be tolerated.
Regards,
Mr P Gardner