TPS private car park PCN

karatekid77

Hi,

I have recently parked in a free (up to 90 minutes) car park at Lidl, Bournemouth. As it was horrendously busy, I parked parallel to and in line with other cars, however outside of parking bays, but at the same time not on any lines or hatched areas and not obstructing through traffic.

When I returned from the shop after c. 10 minutes I found a Total Parking Solutions PCN stuck to the windscreen demanding me to pay £90 (or £50 if paid within 14 days) as 'The vehicle was parked in a no parking zone'.

I have to admit that until then I was not aware that any parking management was enforced on the site as I saw no signs at the entrance stating so. Having received the PCN I have located within the car park three signs with terms and conditions:

i1304.photobucket.com/albums/s536/karatekid77/IMAG0036_zps42b24eef.jpg

Having read your newbie guide, I checked the BPA guidance and it quite clearly does not comply with it. It does, nevertheless state that vehicles must park within marked bays (which I failed to do) but at the same it says that 'No parking on yellow lines, white lines or on hatched areas'. Am I right in thinking that the 'no parking zone' mentioned on the PCN is defined by the latter sentence?

Thanks to your newbie guide I am aware that PPCs' demands could be refuted on a number of basis, but I would be much obliged if you could indicate if the point above would be at all valid for the appeal. Or would me parking outside the marked bays would cause any of the appeals rejected on this basis.

The bottom line is, that I am not the registered keeper of the vehicle, and although the keeper is happy to go through the appeal process, she will be less inclined (read: not at all) to go as far as the case in the small claims court. The purpose of this post is, therefore, to seek your opinion if my case would hold water in the PCC/POPLA appeal and, in your experience, what would be the likelihood of TPS going to court.

I would be very grateful for any suggestions and comments.

Many thanks!

PS
I am not sure if TPS issue NTKs, but if they do, it hasn't arrived yet.

Redx

wait for an NTK, then use this template from the RK to the PPC

Dear xxxxx

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

These points and others will be raised with POPLA should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

If you do reject the challenge and insist on taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.

what happened is rarely relevant, you beat them at popla on not a gpeol , no contract and bad signage normally, not what happened

karatekid77

Magic! Thank you very much!