PPS Parking Notice - I've already appealed

Coupon-mad

ShivyDevon wrote: »

Also re: a contract - as I have already stated in my appeal to them:
1 - I bought a ticket (does this not mean I enter a contract)?
2 - I use the car park regularly (could they argue I should already know the terms)?

I understand this isn't the crux (it's land ownership) I am just trying to vary the wording so I don't get accused of using a 'standard' response 'from the internet'.

I wouldn't worry about either point. They won't know you use the car park regularly and how is it your fault they don't make their tickets sticky (or sticky enough)? Flimsy bits of paper are asking to get blown off the dashboard.

And you bought a ticket as any right-minded person would, but the 'lack of ownership/title in the car park is the argument which says the contract was not with them. The owner/occupier had the legal standing to offer you the parking space. The PPC did not. No offer of parking = no consideration = no contract.

ShivyDevon_2

Thank you Coupon-mad - apology accepted :beer:

Thank you for taking your time to write your helpful response. I have drafted first paragraph and asking my partner to help me write the rest tomorrow so I can post it on here for your all seeing eye of detail.

Goodnight!

jca142

Just wanted to share my experiences! I was given a charge notice, When I got my letter it was more than 28 days after the date of so called violation! So i appealed to them and they just rejected it but they gave me a form for POPLA and a ref number, so I filled it in and sent it off to POPLA.... but POPLA have got back to me 3 months later to say that the code is wrong!!!! The parking firm gave me the wrong code!!! So I consider the matter dropped now due to them giving me the wrong code and time has passed... If they write to me again then I will ignore it and ask them to take me to court due to the delays and wrong codes being given out! So appeal and let time tick onwards!

ShivyDevon_2

HELP PLEASE!!


Appeal is below - I have unashamedly copied and pasted a lot of what you have written in previous posts Coupon Mad mainly because I really struggle to word it!



Could you let me know if this is ok?



To whom it may concern,

Appeal reasons:
Please find my appeal below
Premier Parking Solutions
Location:- Brunel Way Pay and Display Car Park
Date :-31st January 2013
Vehicle registration:- X---VAF.

On the 31st January 2013, Parking Premier Solutions issued a parking charge notice because the above vehicle was allegedly not displaying a prepaid ticket. I am writing to appeal the parking penalty notice issued on 31st January 2013 by Premier Parking Solutions (PPS) as per the parking charge penalty notice above.

First of all I would ask the 28 day appeal period to be extended. Premier Parking Solutions claim they sent their refusal notice to my appeal on 12th February. I received this notice on 6th March. I moved from my previous property on 16th February where I had not yet received the refusal notice by that date. I appealed the penalty charge notice via email on 1st February 2013. Nowhere on the parking sign does it state my details would be provided by the DVLA to PPS and therefore I was expecting a response via email and not letter. Therefore I have not been given the opportunity to respond within 28 day appeal period.



Reasons for my appeal are stipulated below:
My Appeal.

1. The operator does not provide adhesive tickets leaving vehicle owners at higher risk of their ticket being blown over or fluttering away, which was the outcome in this case. Please see the attached photographs showing the ticket purchased and where the ticket had ‘fluttered’ into a face down position. (Don’t know how else to elaborate that??!)
2. I do not believe that the Operator has demonstrated a proprietary interest in the land, because they have no legal possession which would give Parking Premier Solutions any right to offer parking spaces, let alone allege a contract with third party customers of the lawful owner/occupiers. In addition, Premier Parking Solutions lack of title in this land means they have no legal standing to allege trespass or loss, if that is the basis of their charge. I require Premier Parking Solutions to demonstrate their legal ownership of the land to POPLA.
3. I contend that Premier Parking Solutions are only an agent working for the owner and their signs do not help them to form a contract without any consideration capable of being offered. VCS -v- HMRC 2012 is the binding decision in the Upper Chamber which covers this issue with compelling statements of fact about this sort of business model.
4. I believe there is no contract with the landowner/occupier that entitles them to levy these charges and therefore has no authority to issue parking charge notices (PCNs). This being the case, the burden of proof shifts to Premier Parking Solutions to prove otherwise so I require that Premier Parking Solutions produce a copy of their contract with the owner/occupier and that the POPLA adjudicator scrutinises it in the light of VCS -v- HMRC 2012.

Even if a basic contract is produced and mentions PCNs, the lack of ownership or assignment of title or interest in the land reduces any contract to one that exists simply on an agency basis between Premier Parking Solutions and the owner/occupier, containing nothing that Premier Parking Solutions can lawfully use in their own name as a mere agent, that could impact on a third party customer.
5. I believe the charge of £100 is disproportionate to the loss incurred by Premier Parking Solutions and is punitive and therefore contravenes the Unfair Contract Terms Act 1997. This is particularly poignant as I had already purchased a ticket for the period of time my vehicle was parked which had been blown over as the ticket did not have an adhesive backing.

For these reasons, I trust you will allow my appeal

Guys_Dad

What exactly does the PPC say about displaying their tickets in the car? Their wording may let them down.

ShivyDevon_2

Guys_Dad wrote: »

What exactly does the PPC say about displaying their tickets in the car? Their wording may let them down.

I still need to go and take a picture of the notice in the car park which I am doing tomorrow (I haven't had a chance). However the letter from PPS states have 'valid pay and display ticket clearly on display on the dashboard of the vehicle at all times. There was not a ticket displayed in this vehicle and i therefore upjold our operative decision to issue this parking charge notice' ...'if there is no valid pay and display ticket displayed in your vehicle then your vehicle is not authorised to be parked at this site'

ShivyDevon_2

Here is a picture of the sign.

Seems they do warm about contacting DVLA so will have to take that out.

Any other Observations?

edit - bummer it won't let me post links as I am a newbie - don't have time to write it all out as at work grrr

ManxRed

Post the link without the http:// and I will post it for you.

ShivyDevon_2

ManxRed wrote: »

Post the link without the http:// and I will post it for you.

Thank you

ShivyDevon_2

Hey guys

Just bumping this.

I've seen the post re: recent VCS win and seems there is a lot of debate ongoing.

I'm wondering what I should be doing - ignore or continue appealing to POPLA?

Thanks