The Right To Disagree
The correspondence on these pages was put together on the grounds that...
- No one is entitled to tell you what you think or what you agree to, or entitled to force you to agree to something that you do not agree with. Neither are they entitled to assume that you agree to something, when you may not agree, or without asking you.
- No one is entitled to assume that you have seen something when you may not have, or to assume that you have understood something when you may not have, especially when any such notification when it is deviously placed, or designed.
- No one is entitled to tell you that you are in a contract with them, assume that you are in a contract with them, or that you want to be in a contract with them, without expressly asking you and obtaining your agreement in the form of a wet-ink signature or other proof.
- No one is entitled to act immorally for the purpose of financial gain, or to trick or con people, for the purpose of extracting money from them. Neither are they entitled to threaten and intimidate people for the purpose of extracting money from them.
This correspondence was specifically for Smart Parking Ltd and their associated companies, Debt Recovery Plus Ltd and Gladstones Solicitors, but can be used for any such company asking for money based on an alleged breach of their terms and conditions, unless of course, you agree with them and are happy to accept the charge.
Parking Charge Notices are charges for the alleged breaking of a contract, not for breaking the law. If you didn't realise you were in such a contract, didn't agree to be in a contract, or don't agree to the terms and conditions, you cannot be charged because you have not consented and cannot, therefore, have incurred any legitimate charge or debt.
People are currently being charged fraudulently and illegally by companies who are basically con merchants and tricksters, crooks committing an act of fraud and extortion. The government has allowed this criminal behaviour to go unchecked. However, you don't have to comply.
If you have received a demand for monies from any such company for an alleged breach of their so-called terms and conditions and you would rather not pay because you did not realise the situation, or do not feel it is just, feel free to copy and paste any of the text from the notices, insert your own details and adjust it to suit yourself. Remember, these companies are effectively breaking the law themselves!
The following NOTICE OF NON-CONTRACT was sent to Smart Parking and can be used in any cases of private carparks with unrestricted access, serving public retail / service facilities, who have issued you with a 'Parking Charge Notice', that is an invoice or demand for money, for a so-called alleged breach of their advertised terms and conditions. It's a bit tounge-in-cheek, much like their demands.
Your Name
Street Address
Town, County
Postcode
Smart Parking Limited
Unit 43, Elmdon Trading Estate
Bickenhill Lane, Birmingham
B37 7HE
DD/MM/YY
To whom it may concern,
Re. Notice of non-contract
I am writing to request that you do not send correspondence to the above address demanding money. I do not accept the validity of such correspondence, which is a demand for payment for an alleged breach of advertised terms and conditions, the content of which is contrary to my own personal terms and conditions (as advertised below) and based on the assumption that I would agree to any such advertised terms and conditions, or agree to be bound by them, which I do not.
I have not entered into any such contract with any such company and have not signed anything to indicate that I would in any way agree or subscribe to any such advertised terms and conditions, or consent to being bound by them, neither have I given any such verbal or other agreement. I also do not give my permission or agree that anyone shall be entitled to assume that I agree to any such terms and conditions, or that I have given my agreement, without asking me personally or obtaining my signature to show otherwise.
Personal Terms & Conditions
Relating to issues arising past and present concerning carparks serving public retail / service facilities.
I cannot / do not agree to any such advertised terms and conditions or consent to being bound by them for one or more of the following reasons...
- I did not see the advertised terms and conditions
- I did not read the advertised terms and conditions
- I did not understand the advertised terms and conditions
- I could not read the advertised terms and conditions
- I read the advertised terms and conditions but do not agree with them
- I do not agree to such terms and conditions
The entering or parking of any vehicle in any such carpark serving a public retail / service facility that has unrestricted access cannot / shall not automatically constitute anyone’s agreement to any such terms and conditions or give consent to being bound by them, neither shall it give anyone the right to assume that anyone shall agree to, or be in agreement with, any such terms and conditions, or give consent to be bound by them.
In any instance, if a private land owner / agent is unhappy with any vehicle being parked or camped on any such land, which is there to serve a public retail / service facility and has unrestricted access, they must follow established legal channels to get a court order to have it evicted or removed. Demanding any form of payment prior to discussing and reaching a mutually beneficial and agreeable signed contract will not be acceptable.
I do not and will not consent to being charged, or agree that I am liable for any charges, relating to any alleged breach of any such advertised terms and conditions that I do not agree with and do not consent to be bound by. I am not consenting to, or interested in, entering into any agreement or contract with your company. Do not send any more demands for payment for which we have not agreed and unless by mutual agreement.
I do not and will not consent to you holding my data on record. Remove any details you have relating to me, my home address, or any vehicles registered in my name, from your database and DO NOT pass them on to any third parties. I do not agree to any third-party processing.
Yours sincerely,
Your Printed Name (No signature required)
Editable Word document version
After sending the above notice to Smart Parking, they sent the following stock response...
Parking Charge Notice: CP12345678
Thank you for your recent communication.
We note the comments in your appeal, please be advised the PCNs are enforceable under Contract Law; upon entering the car park you agree to the Terms and Conditions which are clearly stated on the signs. Your vehicle was parked in breach of these Terms and Conditions therefore we must advise the PCN was correctly issued and remains outstanding.
Please note, the BPA Code of Practice October 2015, paragraph 34.4, states drivers must be given advance notice of all parking charges before they enter into the contract for parking services. There are several signs situated around the car park that advise of the Terms and Conditions and we can confirm all signage on site is BPA approved. Please be aware all signs are set to a standardised height, regulations and written in clearly and intelligible language; as per the BPA requirements. There is no ambiguous language or jargon on any of the Smart Parking signs at this site.
However please be advised that as per the British Parking Association code of practice (paragraph 22.7), all appeals must be submitted to us within 28 days of the Notice to Keeper being issued. Due to the length of time your PCN has been open, we have now referred this to a debt recovery (Debt Recovery Plus) who are handling the matter on our behalf. Please contact them directly if you wish to discuss this further.
Debt Recovery Plus: 0208 234 6775 or 0141 301 2355.
Smart Parking Limited
The above reply from Smart Parking has completely ignored any of the points raised in my letter. The first paragraph contains the line "upon entering the car park you agree to the terms and conditions". However, as I told them, I do not agree. It also says "PCNs are enforceable under Contract Law;" Again, as I have told them I am not agreeing to be in a contract with them, nothing is enforcible.
This reply from Smart Parking is a bluff, a con, and a fraudulent statement of untruth. THEY have NO LAWFUL RIGHT to behave the way they do. It's called trying it on, and it relies on the compliance of victims who have been caught unawares in the devious traps they set.
The second notice below was drafted in response to the above reply from Smart Parking. In the meantime I received a few more demands from DRP and one from Gladstones Solicitors, which were duly ignored. Since then no more demands have been received from any of these related companies. As no further demands were received, there was no need to send the notice below, which simply reiterates in no uncertain terms that they have NO LAWFUL CASE.
Your Name
Street Address
Town, County
Postcode
Smart Parking Limited
Unit 43, Elmdon Trading Estate
Bickenhill Lane, Birmingham
B37 7HE
DD/MM/YY
To whom it may concern,
Please note, it is important that you read and fully understand the following points…
- The notice you were sent, dated DD/MM/YY, is not an appeal, it is a notice and a copy of personal terms and conditions. It was not submitted as an appeal and is not subject to any timeframe relating to any such appeals process. It is not subject to your terms and conditions and is for your notification only.
- You have no grounds to demand or pursue monies under contract law as there is no contract. A contract has to be mutually beneficial and agreed by all parties. If there is no agreement there can be no contract. We do not have a mutually beneficial agreement or mutually agreeable contract. If you think we have a contract, please provide a copy of it for perusal.
- Trying to persuade people you have grounds to pursue monies based on contract law, where there is no contract, or based on agreement to terms and conditions, where there is no agreement, is a falsehood and tantamount to fraud, which is a criminal offence.
- The entering of any ungated area with unrestricted access does not automatically constitute anyone’s agreement to any such terms and conditions, regardless of signage, which may not even be noted, especially while people are driving, preoccupied, or looking where they are going. My personal terms and conditions make this very clear. They also make it clear that I do not agree with your terms and conditions, therefore any attempts to demand or pursue monies that relate to your terms and conditions are invalid, as are demands for money based on the assumption that we have a contract, as we do not.
- You, or any agents acting on your behalf, or under your instruction, have no legal right or grounds to send demands for money based on the assumption we have a contract, which we do not, or based on agreement to any such terms and conditions, where there is no agreement, there can therefore be no legitimate charge and no legitimate debt.
- Any continued attempt by you, or by any debt collection agency acting under your instruction, to demand monies will be seen as an attempt to extort monies through false assumption, lies and devious manipulation of facts and will be regarded as fraud with a view to demanding money with menaces.
- If you, or any agent instructed by you, continues to send threatening and intimidating demands for money, ignoring the notices you have been sent, you will be in breach of the law and may incur legal action. Trying to obtain money with menaces through extortion is a criminal offence.
- Please note, you and your associated debt collection agency, have both been explicitly instructed to remove any personal data you have relating to me, my address and any vehicles registered to me from your records. Failure to do this may incur legal action as you do not have my permission to hold my details on record and you have no lawful right to do so.
Yours sincerely,
Printed Name (No signature required)
Editable Word document version
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