JAS Solutions and TNC Parking Services - Staples

MagicQueen

Hi everyone,

I read newbies thread and trying to find case similar to mine but still got doubts.

The MOST SIMILAR i found is that forums.moneysavingexpert.com/showthread.php?t=4909685&page=3
It is really really step by step the same but different company
but it hasen't been solved yet and few people had few ideas so donno what to do.

Didnt know what to do...join to this thread or make my own

I got a 'fine' on staples parking on a windscreen but just ignored it as i thought its a joke. On 1st of March received a letter from tnc saying i cannot appeal etc (like in a thread the link i attached above)
No letter from JAS at all.
TNC letter got date 19.02.2014 but as iv said i received it on 1st March

What i understood is I have to write to
1. jas parking solutions
2. tnc parking services
3. bpa
4. dvla

the thing is Im not good in official language and need some help.

I was thinking of using template but in the similar threat (link above) i found quite good letter from HO87 which i think might be better for JAS
but donno what to write to TNC as template for me seems to be not for TNC

got no idea how to write to BPA and DVLA

oh one more question...do you think I can appeal by email or it has to be normal letter?

Redx

email can usually work , including the dvla , bpa and jas

if you dont know how to complain to the bpa and dvla you have not read the newbies thread as its in post #6

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

all you needed to do was search fo JAS or STAPLES using the forum search tool and loads of examples pop up

like this one you can read, use and adapt https://forums.moneysavingexpert.com/discussion/4868096

I would

use the newbies template letter to appeal direct to JAS and try to obtain a popla code

send a copy to TNC too and insist they refer it back to JAS

I would also complain to the BPA etc as well, because you have been denied the right to appeal to JAS for a popla code by TNC (debt collector)

come back when you have a popla code , check it using the newbies thread, then use the info in dave.b thread for a popla appeal , so something similar to his appeal

ps:- more JAS and STAPLES threads to read here

https://forums.moneysavingexpert.com/discussion/4912828

https://forums.moneysavingexpert.com/discussion/4894115

https://forums.moneysavingexpert.com/discussion/4866269

https://forums.moneysavingexpert.com/discussion/4863425

https://forums.moneysavingexpert.com/discussion/4848059

https://forums.moneysavingexpert.com/discussion/4819918

Coupon-mad

I am sure you will find other similar threads if you just search 'TNC' as a keyword using the 'search this forum' heading on page one of the parking forum next to 'forum tools'. TNC try this all the time , pretending that a keeper can't appeal when they can. See the NEWBIES thread if unsure how to find similar threads (I do explain about the search facility there as well as showing you how to appeal). And in post #6 of the NEWBIES thread is the email addy of the BPA that you need to complain to.

Everyone has at some point, been taught how to write a letter - and you only need 2 or 3 lines in a an email saying what happened. It's easy, you do not need templates for everything when it's a simple matter.

MagicQueen

yeah i read a lot, just was scared of how to complain to bpa

i will write few words and post it here to make sure it is in right way
thanks

MagicQueen

Hi,


I hope this is good, can anyone check that for me please before i send it



Thats for JAS and TNC

TO: J.A.S. Parking Solutions Ltd
P O BOX 989
Ipswich
Suffolk
IP1 9UJ
CC: TNC Parking Solutions
11th March 2014

Dear J.A.S Parking Solutions

PCN number JAS XXXX

I am in receipt of a PCN Reminder from TNC Collections which relates to the issue, by you, of a PCN on XXth December 2013. For the avoidance of doubt I am the keeper of the vehicle concerned, registered number XZXZXZX.

I am writing to challenge the above ticket as the keeper is entitled to do when the first Notice arrives. The letter from TNC was the first we have heard about your alleged ticket as a company, so I can only surmise that J.A.S Parking Solutions made no attempt to serve a compliant 'Notice to Keeper' before passing the file to TNC. In addition, no driver has mentioned a PCN at all. In view of this, J.A.S Parking Solutions has failed to establish 'keeper liability' under the POFA 2012 and TNC has failed to send a compliant Notice for this stage, if that was the intention.

Notwithstanding the above, the keeper is entitled to appeal (BPA Code of Practice paragraph 22.14 refers)

As the registered keeper, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

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 your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass
4) Schedule 4 of the Protection of Freedoms Act requires that in order for you to make use of the keeper liability provisions you must deliver to me, within 56 days of the alleged parking event, a Notice to Keeper. This you have not done. Whilst the Act allows for a presumption that delivery of such a notice would be effected two business days after posting it also provides that this presumption will stand unless the contrary is shown.
I assert in the strongest terms that I have received no correspondence from you and most certainly I have received no Notice to Keeper. The first indication I had of this matter was my receiving a letter from the debt collectors to which I have immediately responded.

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:
- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.
- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.
- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:
(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.
(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.
(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.
By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.
Yours,



And that is for BPA

Dear BPA,
PCN number: JAS XXXX
I wish to formally complain about JAS Parking Solutions and TNC Parking Services.
They are not complying with the requirements of POFA 2012 regarding timescales (I received a letter from TNC on 1st March 2014 with the date 19th February) and TNC denied the right to appeal to JAS for a POPLA code.
Please educate them as the requirements of the act and point out that it would save us all a great deal of bother if they cancelled all tickets, including mine, where they have incorrectly stated keeper liability applies.

Yours,



BTW Do I have to attach or put any more details for BPA?

Coupon-mad

That's fine IF they have 'stated that keeper liability applies' on the letter.

MagicQueen

damn me

sorry stupid mistake, copied and didnt c that

Dear BPA,
PCN number: JAS XXXX
I wish to formally complain about JAS Parking Solutions and TNC Parking Services.
They are not complying with the requirements of POFA 2012 regarding timescales (I received a letter from TNC on 1st March 2014 with the date 19th February) and TNC denied the right to appeal to JAS for a POPLA code.
Please educate them as the requirements of the act and point out that it would save us all a great deal of bother if they cancelled my ticket.

Yours,

MagicQueen

I sent email to JAS and a letter to TNC, and DVLA

11 days after...
so far didnt get any answer. only DVLA automatic email saying this guy is off holiday

Got only two reminders from TNC which I ignored.

Keep waiting...

Redx

how about the BPA complaint, anything there ?

MagicQueen

oh yeah sorry, i meant BPA instead of DVLA

"I am away on business on Wednesday 12th March with limited access to e-mails I will respond to your e-mail when I return to work on Thursday 12th March."

I've sent that on 11th March

Redx

suggest you chase it up then as you should have had a reply by now