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fine's legality

19th August 1999
Page 5
Page 5, 19th August 1999 — fine's legality
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Which of the following most accurately describes the problem?

s Temperature-controlled operator Ralph Davies International is locked in battle with Granada Service Stations over payment demands for unpaid parking fines, insisting that the charges cannot be legally justitied.

The move is the latest twist in a hauliers' saga with Granada starting nearly six months ago when some raised concerns over 290 penalty charges (CM 4-10 March).

Ralph Davies's own fight with Granada started when it received a payment demand from "Cash Collection Agency"—part of debt collector Close Credit Management— for £60 with a threat of court action and £189.25 total costs if the company failed to pay a parking fine.

Ralph Dav es's credit control department is contesting the legality of the wording of a payment demand that states: "You must now pay by return."

In a letter to Close Credit Management, Ralph Davies points out that as "the parking area on a motorway service station must be available to the public using the motorway, we do not see how the charges can be legally justified, or, indeed are lawful."

Last month Cheltenhambased Ralph Davies asked for written evidence from Close Credit Management that an agreement actually exists between the Highway Authority and/or the Department of Transport and Granada over the levying of these charges.

As CM went to press Ralph Davies had not received a reply. The Freight Tran sport Association confirms that Davies is in the right and the matter needs to be clarified.

A spokeswoman for Granada insists Close Credit Management is "within its rights to pursue recompense in the form of penalty payments". Granada is obliged to provide parking for lorry drivers, and vehicles left for long periods of time hamper this aim, she adds.


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