PPS Parking Notice - I've already appealed

Guys_Dad

Still appeal to POPLA, but rewrite your letter.
Definitely state that you do not believe they have a contract that gives them the right to impose these charges.

Now, what exactly does the notice in the car park say about displaying the ticket? Does it say affixed to the windscreen? If so, then you have a good case about ticket not fit for purpose.
Does it say displayed at all times/continuously?
Are their signs BPA compliant?
Appeal because they don't have the number of signs in their contract. Count the signs of course. You don't know how many signs in their contract? Who cares. If they have complied, you lose that point, but if they have not............ they lose.

Remember you have to prove they slipped up as POPLA starts from a base that you have a contract and have to follow the terms. If you have broken the terms, then you need to find a reason why they have slipped up.

ShivyDevon_2

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If you copy the above and put a 'h' in front you can see what the sign says. Alas it says clearly displayed on a dashboard so I don't win in that sense however as coupon mad states its because they don't put stickies on their tickets - funny that the council do eh?

I believe there are two signs but I will need to check. How many signs make them compliant or is it what is in their contract? Do they have to state the number?

I get your point re me having to prove they slipped up. However I am not sure how I am going to do that if the contact point is now tenable given recent news - is the land ownership the only one I truly have? And yet they may be given permission by the landowner as per recent findings. Sorry I find it quite confusing.

Stroma

http://img.photobucket.com/albums/v240/Sullivan6d/48344688-EB5F-472A-A66C-088DEE89E1CD-1250-000001E988300B46.jpg

The_Slithy_Tove

The signs make it clear that what has happened is an alleged breach of contract, so the £100 is not a regular contractural charge. POPLA won't see it that way, but who cares. Breach of contract can only be remedied by claiming liquidated losses, which are zero, as payment has already been made.

Guys_Dad

ShivyDevon wrote: »

I get your point re me having to prove they slipped up. However I am not sure how I am going to do that if the contact point is now tenable given recent news - is the land ownership the only one I truly have? And yet they may be given permission by the landowner as per recent findings. Sorry I find it quite confusing.

You don't need to prove the number of signs in the contract or that the wording gives them the right to issue charges - they need to show that. Dispute it and they need to bring proof to POPLA.

The landowner thing has NOT been blown out of the water. What has been blown out was the flawed assumption that NO PPC EVER had the right. It depends upon the contract.

Now you can quote the paragraphs from the BPA AOS Guidelines I suggested. These say that they can only collect demonstrable losses and as has been said above, they got their ticket paid.

A further point is that tickets must be clearly displayed on the dashboard. When you left the car, they were. When you returned, they weren't. It does NOT say that they need to be displayed at all times and they do not provide sticky to ensure that. Weak argument, I know, but worth a punt.

Stroma

The funny thing about the wording is that disabled badge holders must use the disabled bays, what happens if you don't use them? Do you get a fake ticket ?

Guys_Dad

Stroma wrote: »

The funny thing about the wording is that disabled badge holders must use the disabled bays, what happens if you don't use them? Do you get a fake ticket ?

I read that too! But did you read "Parking Charge Notice £100 (inc VAT) But the £60 doesn't say it includes VAT. If the £100 includes VAT @20%, then a reduction to £60 without VAT is not a 40% reduction, is it?

Now, remind me what it is if it includes VAT??????

Stroma

Shivy have they given you a vat invoice for this ? Have they got a vat number on their invoices ? Are they vat registered I wonder - off to have a looksy

Coupon-mad

Cite any BPA code breaches - read the Code of Practice on the BPA website.

ShivyDevon_2

Stroma wrote: »

Shivy have they given you a vat invoice for this ? Have they got a vat number on their invoices ? Are they vat registered I wonder - off to have a looksy

PPS Letter has VAT no 938 2565 92