I notice considerable upset recently in your paper from people who have received penalty charge notices in car parks administered by private operators – predominately the Odeon car park in Trowbridge. 

I understand that the following letter template has been used successfully to resist any charges that have been demanded resulting in the subsequent quashing of the demand notice. Please be aware that this defence  does not apply to council-run car parks, they are subject to different legislation.

“Dear Sir/Madam,

As the registered keeper of vehicle (model and registration number) I am in receipt of a letter (reference number) from you. In this letter you request from me as keeper of the aforesaid vehicle a sum of £(amount). You are aware that a contract – if any – was entered into by the driver of the vehicle and not by me as registered keeper.

You are obliged to place ample and appropriate signage about the car park to make those persons using the facilities aware of the terms. The signs must be clear and unambiguous and must not be obscured, faded or covered up or in any way, difficult or impossible to read. You understand that the onus is on you – the claimant in a civil action – to prove your case.

I am not required to tell you who the driver was. It is you who must supply evidence as to the identity of the driver and not me.

I would also like to know what authority you have from your alleged principal (Legal & General/Odeon etc), to write to me in such a manner and whether it gives you the necessary power of attorney to instigate a civil action on their behalf. I am sure that you are aware of the provisions of Section 40 of the Criminal Justice Act and of Statutory Instrument 2083 of 1999.

I therefore require from you the following information:

1. The identity of the driver of the said vehicle.

2.Proof that you possess the authority you say you have.

If you are unable to provide me with all the information in items 1 and 2 above, please do not contact me again or it might constitute an offence under the Protection From Harassment Act 1997.

Yours faithfully .................(Name).”
Be sure to send by recorded delivery. Happy Christmas everybody!  

            
Graham Payne (Cllr),
Kelvedon,
Dursley Road,
Trowbridge.