Total Parking Solutions PCN

drewdaniel

surely it cant keep going on like this though, surely some kind of legislation will come in at some point? its happeneing with various things online (loopholes)

lucylucky

drewdaniel wrote: »

surely it cant keep going on like this though, surely some kind of legislation will come in at some point? its happeneing with various things online (loopholes)

Maybe it will and maybe it won't.

It is not that high on the list of current legislation as far as I can tell. More of a local annoyance.

As everyone can ignore them not sure what the legislation would say.

"Please don't send out begging letters" - which is all they are.

loganthomasmum

Just got my fine letter today for parking over time. Free earmark. Was gonna pay. Still think I should but seen your.site and gonna ignore. Are we sure this is ok

Oopsadaisy

loganthomasmum wrote: »

Just got my fine letter today for parking over time. Free earmark. Was gonna pay. Still think I should but seen your.site and gonna ignore. Are we sure this is ok

If you think you should, then feel free to do so. It will be what you think you should do, so don't let us sway you.

We can't make your mind up for you.

There are 15,000+ instances of the word 'ignore' in this board...make of that what you will.

Coupon-mad

DO NOT reply on this OLD thread!


THIS THREAD IS OUT OF DATE AS THE ADVICE CHANGED TO 'APPEAL' IF IN ENGLAND/WALES, OVER A YEAR AGO (2013 ONWARDS)

DO NOT reply on this OLD thread!


THIS THREAD IS OUT OF DATE AS THE ADVICE CHANGED TO 'APPEAL' IF IN ENGLAND/WALES, OVER A YEAR AGO (2013 ONWARDS)

DO NOT reply on this OLD thread!


THIS THREAD IS OUT OF DATE AS THE ADVICE CHANGED TO 'APPEAL' IF IN ENGLAND/WALES, OVER A YEAR AGO (2013 ONWARDS)

sam013

hi I wonder if anybody out there can reassure me and advise as to what I should do. I am feeling rather anxious and yes frustrated not to mention other feelings (sorry ranting I guess). I recieved a parking charge notice from Total Parking Solutions in the post - the offence was that I had parked without permission for an extended period of time over the allowed 2hrs. The site is owned by the NHS and they had put notices up informing all and sundry of the changes. Unfortunately I did not read them and was informed of these changes until well into the day. I work on the site (gp surgery) and that was my first day back to work. I have tried talking to the building manager, who more or less suggested that 'why should I make you an exception' and the email I sent TPS came back as an automated response (ok having read some of the threads; not the best idea). I would not have intentionally parked if I had been aware but nobody it appears is prepared to accept human error.
Any ideas ...please.

trisontana

sam013 wrote: »

hi I wonder if anybody out there can reassure me and advise as to what I should do. I am feeling rather anxious and yes frustrated not to mention other feelings (sorry ranting I guess). I recieved a parking charge notice from Total Parking Solutions in the post - the offence was that I had parked without permission for an extended period of time over the allowed 2hrs. The site is owned by the NHS and they had put notices up informing all and sundry of the changes. Unfortunately I did not read them and was informed of these changes until well into the day. I work on the site (gp surgery) and that was my first day back to work. I have tried talking to the building manager, who more or less suggested that 'why should I make you an exception' and the email I sent TPS came back as an automated response (ok having read some of the threads; not the best idea). I would not have intentionally parked if I had been aware but nobody it appears is prepared to accept human error.
Any ideas ...please.

Yes, just ignore. It's as simple as that.

grumpyawldwifey

Sam013 - ignore, ignore, ignore, ignore, ignore, ignore. That's approximately how many letters you will need to ignore. They will start with the charge, followed by an increased charge, followed by a debt recovery letter, followed by a final warning debt recovery letter, followed by a "our clients have decided to let you make a reduced payment" offer then that should be the end of it.

Stephen_Leak

Please read this ...

https://forums.moneysavingexpert.com/discussion/comment/16850789#Comment_16850789

Firstly, the legal stuff.

Only councils, the police, train operators and Transport for London can impose legally enforceable fines or penalties. A private parking company (PPC) or an individual can't. Even PPCs call their tickets “Parking Charge Notices”, not “Penalty Charge Notices”. In law, they’re called “speculative invoices”.

Any warning signs are usually so badly positioned and worded, that they won’t have created a fair and legally binding deemed contract between the car park owner and a driver entering the car park in the first place. See The Unfair Contract Terms Act 1997 and Excel Parking Services vs. Cutts, Stockport, 2011, 1SE02759, the Peel Centre case.

All the car park owner (CPO) can claim from a driver in damages for any breach of contract is what they’ve lost as a result. If this is a free car park or they paid, this is £0.00. Demanding more has been judged to be unreasonable and therefore an unfair contract penalty under the terms of The Unfair Contract Terms Act 1997, which is not legally enforceable. See Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914 and countless cases since.

What should I do now?

We don’t condone not paying or overstaying in a pay car park. If you do owe the CPO anything, then you should write to them, offering this in “full and final settlement”.

In any event, advise the CPO that they are "jointly and severally liable" for the actions of their agents, the PPC, and that any further actions have been judged to constitute harassment under the terms of The Protection from Harassment Act 1997. That ought to make the CPO call off the PPC and, hopefully, realise the potential cost of doing business with them.

Don’t appeal to the PPC. They always reject them. What’s in it for them to let anyone off? Actually, there is something in it for them: information. They need to know the identity of the driver of the vehicle involved at the time, because that’s who the alleged contract was with. If they don’t know who the driver was, they have to make do with chasing the registered keeper.

With windscreen notices, an appeal letter will tell them your name and address, and maybe who was driving at the time. If they don’t know who the driver was, they have to buy the details of registered keeper from the DVLA. With postal notices, they’ve done this already. But they still need to know the identity of the driver.

They sometimes say that they have the right to ask for this information. This doesn’t mean that you have to tell them.

However, even if you’ve written and told them who the driver was, it doesn’t make their actions any less unlawful. It just means that instead of harassing the registered keeper, they can now harass the driver.

What will they do to me?

The PPC, then a debt collector and then a solicitor will send you a series of letters. The debt collector and solicitor are usually also the PPC, but using different headed paper. These letters will threaten you with every kind of financial and legal unpleasantness imaginable, to intimidate you into paying.

But, they can't actually do anything, for the same reason that a Nigerian e-mail scammer couldn't sue anyone who didn’t pay them.

What should I do then?

Continue to ignore everything you get from the PPC and their aliases. It does seem counter-intuitive to deal with something by ignoring it. Eventually, they will run out of empty threats, and stop throwing good money after bad.

give_them_FA

I'm going to have to give you completely different advice Sam......






no, only joking, IGNORE. They will do nothing except go away when they realise they did NOT hook a mug after all (despite your appealing)