Help with POPLA Appeal

Coupon-mad

bigp26 wrote: »

Hello all!

Quick update for you all - I received a reply from POPLA and have won the appeal!

HOWEVER...

I received a letter from a debt collection company yesterday! As the car is under my mother's name this came as a bit of a shock and both my elderly parents are now stressed out about the car getting towed away!

What rights do I have for this? Surely this is harassment? I spoke to the PPC today and they said they weren't even aware that a POPLA appeal had been made! I subsequently forwarded on the confirmation from POPLA and they said they would speak to the debt collection company.

I however don't trust these thieving scum and wanted to notify the debt collection company myself - So I called them but was greeted with exceptionally rude service as they wanted to speak to my mother and not me!

What should be my next steps? Is this going to show up on my mother's history?!

Many thanks in advance - your help is much appreciated!

P.

Did you win based on the fact Private Parking Solutions (London) Ltd. didn't bother to provide any evidence then?! What did the Assessor's wording say as to how/why you won?

Towing and clamping by private firms has been illegal since 2012 so calm down!

bigp26 wrote: »

In terms of next steps what would you recommend? Is there any way that such incompetence by the PPC would mean that a bad debt/debt collection record will be placed on my mother's records? (they are just as worried about this as the car being towed!).

NO. NO WAY. You/your parents need to learn the difference between a court bailiff and debt collector pen-pushers! See here:

https://www.youtube.com/watch?v=gQHnn7URlBc&list=UUQc2BoJFVkyV-gMuf7g85aA

and specific to fake PCNs, read this which is an oldie but a goody:

http://forums.pepipoo.com/index.php?showtopic=24362

What a joke this firm are, we don't hear of these much, have a laugh at their website, below are some typos from one page only!

https://privateparkingsolutions.com/index.php/how-to-pay-charge/make-an-appeal

' Acknowledged of appeal will be send to you within 14 days '

'If you remain dissatisfied with our appeal decission you can submit appeal to an independent appeal aervice'

'( IF DIFERENT FROM ABOVE)'

'signiture'


But there's more, serious stuff wrong with their website, I will post again about this as it needs a BPA complaint and must get them sanctions.

Dee140157

Again, you can only get something recorded against you if you have got to about point 11 or 12 on. Umkomaas' list.

And since you won at point 2 this is not going to happen.

Umkomaas

Coupon-mad wrote: »

Did you win based on the fact Private Parking Solutions (London) Ltd. didn't bother to provide any evidence then?! What did the Assessor's wording say as to how/why you won?

Towing and clamping by private firms has been illegal since 2012 so calm down!


NO. NO WAY. You/your parents need to learn the difference between a court bailiff and debt collector pen-pushers! See here:

https://www.youtube.com/watch?v=gQHnn7URlBc&list=UUQc2BoJFVkyV-gMuf7g85aA

and specific to fake PCNs, read this which is an oldie but a goody:

http://forums.pepipoo.com/index.php?showtopic=24362

What a joke this firm are, we don't hear of these much, have a laugh at their website, below are some typos from one page only!

https://privateparkingsolutions.com/index.php/how-to-pay-charge/make-an-appeal

' Acknowledged of appeal will be send to you within 14 days '

'If you remain dissatisfied with our appeal decission you can submit appeal to an independent appeal aervice'

'( IF DIFERENT FROM ABOVE)'

'signiture'


But there's more, serious stuff wrong with their website, I will post again about this as it needs a BPA complaint and must get them sanctions.

Small wonder Michael Gove MP is on the rampage. Goons like this really don't help beleaguered teachers survive the onslaught of rabid politicians!

Coupon-mad

OK Pav, you need to send an email here:

[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

and say:


I wish to complain about Private Parking Solutions (London) Ltd. The complaint is a serious issue of harassment of the registered keeper after I won (appealing because I was the driver) at POPLA stage. Also, even worse, there is serious misrepresentation of authority and a flawed payment system on their website.

1. I won at POPLA and identified myself as driver in my appeal. Yet my mother received a letter from a debt collection company yesterday. As the car is under my mother's name this came as a shock and both my elderly parents are now stressed out about the car getting towed away or their credit records being affected.

2. Their website has the most misleading information that MSE forum posters tell me they have seen on a private parking firm website since clamping was banned in 2012. I thought AOS members were supposed to support you to drive up standards.

- Firstly the entire website is littered with spelling and grammatical errors and illiterate rubbish mentioning the BPA in one breath and misstating the law in the other, e.g.:

PPS is already prepared for changes in law within schedule 4 of the data protection of freedom act 2012. This will result in the register keeper becoming liable to pay a parking charge if they enable to provide the name and address of the driver. The act also states that parking enforcement company can hold a contract with the driver in respect of parking charges. Due this legislation will end any uncertainty over the rights of parking companies after ruling in upper tax tribunal as this legalization is of a higher legal standing. PPS are members of British Parking Association and comply with their AOS Approved Operator Scheme therefore we are able to take advantage of the Protection of Freedoms act 2012.

Our signage clearly states term and conditions of parking in this car park. Its also says do not park here if You not agree to terms and conditions displeyed. Therefore the driver cannot claim the charge is unfair...

The pricing of the parking charge notifications is based on the Local Authorities pricing structure, and coincides with the recommendations as prescribed by governing bodies such as the DVLA and the BPA.

Photographs are for internal use ONLY and they will only be passed over to a specialist debt collection agency and used as prosecuting evidence in any court case against you. (Motorists are also called 'offenders' and the parking event misleadingly/misspelt as an 'offense').

We pursuit all outstanding parking charges and regularly take people who didn't pay to the county court so their case can be heard before a district judge give a court order forcing them to pay. (This firm never take anyone to court so this is untrue as well as misleading about court outcomes).

- Secondly and of major concern from the point of view of sanctions, surely, there is a serious impersonation of authority which is apparent if you try to pay a PCN:

https://www.privateparkingsolutions.com/index.php?option=com_hikashop&ctrl=category&task=listing&cid=12&name=click-here-to-chose-the-appropriate-pcn-charge&Itemid=208

You, or anyone at all, can put in any gobbledegook as your name/address etc. The PCN number can be anything, the car reg can be input as anything at all and there is no check that these are right (the only info that prompts to be 'corrected' is an email address and a phone number). Now that's just amateurish you may think but click through having put in your test info and you get this:

Image Name Unit price Quantity Total price Final total £ 100.00 PCN Full £100

£ 100.00

£ 100.00 Please accept the terms and conditions before proceeding



So, click on the terms and conditions and read them, scroll it up!

You cannot refuse to accept cookies from this site, you can only accept them.

Now for the worst part:
After you see the bit about POPLA in the t&cs there follows this, why has a PPC had any business ever, to add this misleading information below?

STATUTORY GROUNDS TO MAKE REPRESENTATIONS
The Traffic Management Act 2004; Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007
S1 The contravention did not occur:
S1.1where the motorist claims he/she was loading/unloading
S1.2where the motorist claims that a pay & display ticket machine was
faulty 6
S1.3where the motorist claims that the restriction is not clearly signed
or marked.
S1.4where motorist was carrying out construction or demolition works
etc. 8
S1.5where the motorist claims that PARKING CHARGE was not served (i.e. PARKING CHARGE not
found attached to vehicle or handed to driver)
S1.6where the motorist claims that their vehicle was not parked in the
alleged location at the time and on the date the PARKING CHARGE was issued
S1.7where the motorist claims that a valid authorisation to park, had
been issued
S1.8where the motorist claims that a pay & display ticket was
purchased and correctly displayed
S2 The recipient never was the owner/keeper of the vehicle in
question or:
S3 The vehicle had been permitted to remain at rest in the place in
question by a person who was in control of the vehicle without
the consent of the owner
S 4. That the recipient is a vehicle-hire firm and:
S5. That the penalty charge exceeded the amount applicable in the
circumstances of the case
S 6. That there has been a procedural impropriety on the part of the
enforcement authority.
S7 (1) That the Order which is alleged to have been contravened in
relation to the vehicle concerned is invalid
S8. Any other information that the motorist / vehicle owner wants the
Council to take into consideration

MITIGATING CIRCUMSTANCES
MC1 where the motorist claims to have become unwell while driving
MC2 where the motorist claims to be a doctor, nurse, health visitor
attending a patient
MC3 where the motorist stopped to use the toilet
MC4 where the motorist stopped to collect (prescribed) medication
from a chemist.
MC5 where the motorist was a patient visiting a doctor’s surgery
MC6 where the motorist claims to have been recently bereaved
MC7 where the motorist was delayed in returning to their vehicle and
parking time purchased had expired
MC8 where the motorist “fed” a meter or pay & display machine by
buying subsequent time to park in the same place or returned to
the same place within a specified and prohibited time period
MC9 where the motorist left the vehicle parked without a valid ticket
on display to obtain change. MC10 where the motorist claims to have been unaware of the parking
charge payable or of the restriction/prohibitions applicable to
vehicles of a certain class or weight.
MC11 where the motorist claims to have been unaware of recent rise in
tariff
MC12 where the motorist had parked with one or more wheels outside
of a marked parking bay in a car park
MC13 where the motorist is a current Blue Badge holder / transporting
a current Blue Badge holder and they did not have their Blue
Badge and / or clock on display or could not be read or had
expired
MC14 where the motorist claims to have been unaware of the existence
of a Controlled Parking Zone
MC15 where the motorist was displaying an expired authorisation to
park, i.e. waiver, parking place suspension, season ticket,
residents’ permit, business permit or visitors permit
MC16 where the motorist is parked in contravention of a
waiting/parking prohibition whilst displaying a residents’ visitor
permit.
MC17 where the motorist is a new resident within a controlled parking
zone and had parked in a residents’ bay without displaying a
valid residents’ permit
MC18 where the motorist had parked incorrectly in a controlled bay onstreet
MC19 where the motorist assumed that they were entitled to “a period
of grace” before the PARKING CHARGE was issued
MC20 where the motorist claims they were attending a funeral
MC21 where the motorist claims that snow, foliage, fallen leaves or
flooding covered the signs or markings
MC22 where the motorist claims that their vehicle had broken down
MC23 where the motorist claims that they were attending an
emergency or another vehicle that had broken down
MC24 where the motorist claims to have put money into the wrong
ticket machine
MC25 where the vehicle in question was on police, fire brigade or
ambulance duties
MC26 where the motorist claims to have been collecting or depositing
monies at a bank
MC27 where the motorist claims to have been unaware of a temporary
parking restriction or special event restriction
MC28 where the registered keeper liable for payment of the PARKING CHARGE is
expected to be absent for a long period of time, e.g. is living
abroad or is in prison
MC29 where the registered keeper liable for payment of the PARKING CHARGE is said
to have died
MC30 where the vehicle driven by the motorist is diplomatically
registered
MC31 where the motorist received a Fixed Parking Charge (FPN) from a
police officer or traffic warden when parked in the same location
MC32 where a Council officer or Member parked in contravention and
claims to have been on Council business
MC33 where the motorist stopped to drop off someone
MC34 where motorist was unaware of the Overnight Waiting
Ban/Commercial Vehicle waiting restriction
MC35 where motorist states they were in police custody when PARKING CHARGE
issued
MC36 where motorist states they were visiting a friend or relative in
urgent circumstances
MC37 where motorist claims there was no legal place to park
MC38 where motorist claims they were parked on private property
MC39 where motorist was delayed in returning to their vehicle parked
in a limited waiting parking place
MC40 where motorist had parked while asking directions / opening
gates to private property
MC41 where motorist stopped to answer mobile phone
MC42 where motorist states that the details on the Parking Charge are incorrect...'


:eek:

Coupon-mad

Back to the funny side - this sentence about COSTUMERS is the best ever!

https://www.privateparkingsolutions.com/index.php/about

Private Parking Solutions London Ltd was formed in 2010 under new managment adopt experience of Private Parking Solution Ltd (2006) and London Borough Parking Ltd (1999), bringing many years of experience to our costumers and building up a coherent and close company of great renown.

And what about this?

providing car park management solutions for the whole London area, 24 hours per day, 365 days per year. Alternative times can be arranged.


and just seen this!

PPS is already prepared for changes in law within schedule 4 of the data protection of freedom act 2012. This will result in the register keeper becoming liable to pay a parking charge if they enable to provide the name and address of the driver. The act also states that parking enforcement company can hold a contract with the driver in respect of parking charges. Due this legislation will end any uncertainty over the rights of parking companies after ruling in upper tax tribunal as this legalization is of a higher legal standing. PPS are members of British Parking Association and comply with their AOS Approved Operator Scheme therefore we are able to take advantage of the Protection of Freedoms act 2012.


and:

Our signage clearly states term and conditions of parking in this car park. Its also says do not park here if You not agree to terms and conditions displeyed. Therefore the driver cannot claim the charge is unfair


and this is bad (bad in every way):

We pursuit all outstanding parking charges and regularly take people who didn't pay to the county court so their case can be heard before a district judge give a court order forcing them to pay.

:D:D:D

Umkomaas

Please send above Pav - this is strong stuff that must be exposed.

Umkomaas

Coupon-mad wrote: »

Back to the funny side - this sentence is the best ever!

https://www.privateparkingsolutions.com/index.php/about

Private Parking Solutions London Ltd was formed in 2010 under new managment adopt experience of Private Parking Solution Ltd (2006) and London Borough Parking Ltd (1999), bringing many years of experience to our costumers and building up a coherent and close company of great renown.

And what about this?

providing car park management solutions for the whole London area, 24 hours per day, 365 days per year. Alternative times can be arranged.


and just seen this!

PPS is already prepared for changes in law within schedule 4 of the data protection of freedom act 2012. This will result in the register keeper becoming liable to pay a parking charge if they enable to provide the name and address of the driver. The act also states that parking enforcement company can hold a contract with the driver in respect of parking charges. Due this legislation will end any uncertainty over the rights of parking companies after ruling in upper tax tribunal as this legalization is of a higher legal standing. PPS are members of British Parking Association and comply with their AOS Approved Operator Scheme therefore we are able to take advantage of the Protection of Freedoms act 2012.


and:

Our signage clearly states term and conditions of parking in this car park. Its also says do not park here if You not agree to terms and conditions displeyed. Therefore the driver cannot claim the charge is unfair


and this is bad (bad in every way):

We pursuit all outstanding parking charges and regularly take people who didn't pay to the county court so their case can be heard before a district judge give a court order forcing them to pay.

:D:D:D

Oh dear, you can just see the spittle dribbling from their mouths - like some latter day version of Rab C Nesbitt.

A village is clearly missing its idiot(s).

Puerility in its finest form!

Coupon-mad

That website keeps on giving!

I haven't even read all the pages yet and I was crying with laughter about 'costumers' and '24 hours per day, 365 days per year. Alternative times can be arranged'(!) until I saw the TMA 2004 quoted. That's not on at all. No excuse just because they are clearly illiterate.

What about this strapline?

Interested? Want to Take The Worry Off your Head And Control Your land?


And it's not a GPEOL then?!

The pricing of the parking charge notifications is based on the Local Authorities pricing structure, and coincides with the recommendations as prescribed by governing bodies such as the DVLA and the BPA.

bigp26

Many thanks for your comments all!

I shall get this complaint filed to the BPA as soon as possible. Is it worth CC'ing POPLA in too?

Coupon-mad - this is taken from the assessor's decision as received from POPLA:

The Appellant appealed against liability for the parking charge.

The Assessor has considered the evidence of both parties and has

determined that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

Reasons for the Assessor’s Determination

It is the Appellant’s case that the parking charge notice was issued

incorrectly.

The Operator has not produced a copy of the parking charge notice, nor any

evidence to show a breach of the conditions of parking occurred, nor any

evidence that shows what the conditions of parking, in fact, were.

Accordingly I have no option but to allow the appeal.

Christopher Adamson

Assessor

Coupon-mad

You don't need to cc POPLA; they won't get involved now.