This letter is dated 06/06/2023
Your references 11340644 and 11348287
I am referring your demands for payments
We wrote to you several times with no response.
Please note that we have made several efforts to contact your client in writing. We have done it several times and no reply was received. We also contacted you by post in writing, via email, though your website, we have done so several times and we received no response.
We also tried the webchat with no success, whatever we tried either did not work or it was ignored as all our attempts to contact you via your email, Physical address, website etcWe keep all our correspondence on record for future evidence.
In this letter you mention that you have evidence to present in court to have a successful claim against me.
Please send me all the evidence you have and I will examine it.
Note that
1 we have no recollection of driving to the site mentioned in the letter, not even once therefore this seems to be issued in error.
2 the amount claimed is disproportionate to a parking charge. parking charges are usually between 2 to 10 pound per hour at most not 130 pound.
3 please supply video evidence of where the car was parked and for how long and the time it was parked. A parking charge is for parking not for passing through land. If we are in error please provide evidence.
4 please show the driver of the car at the time. The liability if any would remain with the driver not the owner of the vehicle, should be be incorrect please provide legislative evidence.
5 please show if any evidence of contractual agreements that have created these charges. We would like to understand the lawfulness of the claim made by your company. Please note that notices displayed at any site do not form binding contracts, if you believe they are please show us under what specific legislation this is the case. Since we do not recall driving to the site please provide evidence of those notices and the legal tool you are using in order to form binding contracts.
6 if you increase the price of your charge every 14 days (as you seem to be doing) please show us your entitlement to increase the amount you charge at those rates. If your changes were legitimate (which we believe they are not) The increase suggests interests rates that are unlawful.
7 please show evidence that the driver at the time was Andreas Russo. If you claim that the charge is lawfully issued to the owner of the vehicle despite who drives it please provide legislative evidence.
We never made any credit agreement with your company if you have any credit agreement with us please show it.
Please note that even if the vehicle passed through a land this does not mean that it had stopped , in one of your letters you mentioned that the vehicle was observed leaving the site. This is not sufficient evidence.
We offer a fair payment once you provide sufficient evidence that the charge is legitimately due.
Please note that given our attempts of communication with yourselves and your lack of response in connection with the evidence you hold in connection with this alleged debts and your lack response, it is very likely that if you file claim against me you will lose the case. In order to avoid any waste of resources I now have the policy of making a counterclaim for the estimated value of my time to defend these types false claims.
This is 600 pound per claim. Also note that should you make any claim I will seek remedy though judgment and I will not recourse to mediation and no settlement will be offered or accepted. We will apply for judgement for 600 pound per claim and your client will very likely need to pay.
We will file for the case to be dealt by the judge without needing presence in court as given our several attempts have been made to contact you in writing (on record) and we received no reply.
Once again please respond to our previous correspondence and we can start to understand what your evidence is in connection to this case and if any payment at all is due this will be made to you.
Please note once again that offer of payment was made to your client in writing but we received no response. We only received a letter in the past week from them saying that you hold all records.
If you would like to know what you need to prove in court please read this link https://areton-ltd.com/parking-charge-notices/
and provide the appropriate evidence failure to do so and filing a court proceeding against me will result in a successful counter-claim of 600 pound per claim defended. Please note that is such a case you decided to start court proceedings (without you having provided to use sufficient adequate evidence) we will seek judgement though the court. We will not try mediation or settlements we will go directly to judgment.
Kind Regards
Andreas Russo