PPS Parking Notice - I've already appealed

Stroma

ShivyDevon wrote: »

PPS Letter has VAT no 938 2565 92

Thanks it's them, but does the invoice include a section for a vat amount ?

ShivyDevon_2

Ok I have made some changes. Please could someone let me know if this is good enough to send?

I have had a look at the BPA code and it seems they may be meet the signs criteria (one on entrance and the other by the ticket machines that outline their 'terms').

Not sure I'm dynamic enough to notice the loop hole! Which is where you guys come in! Help!

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. As I appealed via email 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.
2. Signs in the car park do not stipulate that tickets must be displayed on a dashboard at all times. When leaving the vehicle the ticket was displayed on the dashboard. When I returned to the vehicle it was not. As mentioned above Premier Parking Solutions do not provide adhesive labels enabling tickets to be displayed as indicated.
3. 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.
4. 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.
5. 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 this.
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.
6. 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. If Premier Parking Solution demonstrate there is a contract formed with drivers who use the car park, breach of contract can only be remedied by claiming liquidated losses, which are zero, as payment has already been made.

For these reasons, I trust you will allow my appeal

Coupon-mad

ShivyDevon wrote: »

4. 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.

You will need to remove point 4 now because VCS have just overturned that decision on appeal, last week. :mad:

Did you not find any BPA code of practice breaches? i.e. is the ticket OK, is the signage OK, were the deadlines OK, was the discount OK...etc.?

nigelbb

Take a look at the BPA CoP http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf There is bound to be something in Section 29 (ticketing) or Section 28 & Appendix B (Signage) that they don't comply with.

Stroma

Coupon-mad wrote: »

You will need to remove point 4 now because VCS have just overturned that decision on appeal, last week. :mad:

Did you not find any BPA code of practice breaches? i.e. is the ticket OK, is the signage OK, were the deadlines OK, was the discount OK...etc.?

Why its only relevant in car parks that have permits, ie like apartment blocks etc , I would keep it there as it does no harm IMO

Coupon-mad

Stroma wrote: »

Why its only relevant in car parks that have permits, ie like apartment blocks etc , I would keep it there as it does no harm IMO

Could leave it in but without specifically mentioning VCS -v- HMRC.

ShivyDevon_2

I've looked at BPA code and unfortuntely nothing sticks out - there is an entrance sign (though I am not sure what it says or recall what it looks like because getting to the car park is difficult). There is one other sign by the ticket machine which I have linked to which to me is pretty self explanatory.

The ticket itself (issued on the day) does not mention anything re: VAT. VAT isn't mentioned on the letter despite there being a VAT number in the footer. However looking at BPA says they don't have to provide VAT details until after payment.....

I'm not sure what else I can do than send what I have??

Coupon-mad

Yep, send it. It's a good appeal and much stronger than most.

wedding1944

Popla waste of time I appealed and lost! thought I had good grounds car broke down leaving Liverpool airport was stopped for 30 seconds whilst I cleared engine of a misfire but was told by VCS you can not STOP EVEN IF YOU BREAK DOWN

Stroma

Can you please stop hijacking threads ! ! You have created a thread about this already