Newbie with a TPS Parking Charge Notice, Halfords Sutton

petemeadows

Hi all,

I'm new to this so bear with me!

I received a "Parking Charge Notice" from Total Parking Solutions while my car was parked in Halfords in Sutton earlier today.

The reason for the notice as stated is "The driver was observed leaving the site whilst the vehicle remained parked on the premises", with a time window of 30 minutes marked. I've not looked at the signage specifically, but I can go back to check if needed I guess.

The interesting thing is that my car is a Honda Civic, but the notice clearly states that it is a BMW Civic - does this help me in any way? The rest of the details (reg and colour) are correct.

I guess I wait for the first letter to come through before appealing to POPLA (?), or should I act differently because they got the details wrong?

If it's going to be a big long fight with lots of letters etc I may just pay the £50 within 14 days and forget about it, but if I can successfully fight it with a bit of knowledge and determination then I'll do that instead I know the laws changed on all of this a while back so I guess I have some forum searching / reading to do, but any advice from those more knowledgeable than I would be appreciated!

Thanks in advance, Pete.

Redx

easy enough to beat at popla and pay nothing , but the wrong details wont carry any weight as long as they have the correct reg number

yes you wait for the NTK and soft appeal it, then popla I would think

read this https://forums.moneysavingexpert.com/discussion/4816822

and here is the RK soft appeal (the first letter) , then later its a better letter which is the second letter, the popla appeal letter (or do it online)

Dear TPS

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.

petemeadows

Oh, actually, I just noticed that the Parking Charge Notice isn't signed by the parking attendant either! So wrong Make and no signature, surely that will help when it gets to POPLA assessing my appeal?

petemeadows

Just seen your reply - thanks very much!

I beat a red light camera many years ago thanks to some useful advice on PePiPo so it's probably time I had some fun with this one too.

I'll wait for the NtK, soft appeal to TPS and then poplar appeal after that, right? Thanks so much for the template, saving it now!

Redx

you can certainly include those details but the main 3 are not a gpeol , no contract and bad signage, not nitpicking over the minor details, but you should include any and all discrepancies just to bolster your case

do not make the mistake of thinking that a PPC invoice has to be as explicitly compliant as council tickets or road laws as very few laws exist on private parking compliancy

Umkomaas

Here's a bit of reading for you to get an understanding about 'mitigation of losses' when you are seen leaving a site. It will also give you some background on what a PPC can (or more to the point can't) include as a loss.

Very enjoyable read!

http://notomob.co.uk/discussions/index.php?action=dlattach;topic=2793.0;attach=2873

petemeadows

Awesome, thanks guys.

Wait for NtK, soft appeal to TPS, get POPLA number, appeal via POPLA primarily on the basis they have no contract, bad signage (didn't say I couldn't leave premises), NtK was late (if so etc), include details that the original notice had incorrect details, unsigned by attendant etc, wait for nice POPLA man to agree with me and cancel the invoice. Never tell them who the driver was either, always just the keeper. Got it.

(I read the FAQ!)

petemeadows

I just finished reading the PDF linked above - very interesting indeed! Thank you.

Guys_Dad

Even if the driver left site, did the passenger go shopping on site?

Coupon-mad

petemeadows wrote: »

Awesome, thanks guys.

Wait for NtK, soft appeal to TPS, get POPLA number, appeal via POPLA primarily on the basis they have no contract, bad signage (didn't say I couldn't leave premises), NtK was late (if so etc), include details that the original notice had incorrect details, unsigned by attendant etc, wait for nice POPLA man to agree with me and cancel the invoice. Never tell them who the driver was either, always just the keeper. Got it.

(I read the FAQ!)

And no GPEOL! Great you gleaned all the above from the FAQ though.

petemeadows

You know what else I gleaned? That the landowner will often just order the cancellation of the ticket if you complain to them directly in the first place! Woo hoo!

I just had confirmation from the nice man at Halfords to say that my parking charge notice has been cancelled.

They are also going to have a word with their TPS attendant to ensure he pays a little more attention in future, he did get the Make wrong and forget to sign the ticket after all.....

So, chalk another one up for simply complaining directly to Halfords about the terrible service received while I browsing in their store. They will likely listen and take immediate action to make you happy once more. I even sent them a tweet to say thanks.

For those wondering how I complained, I simply filled out the Complaint to Customer Services form on their website.

<happy>