Parking Ticket

smitisace87

the name is total parking solutions. i have copied the temples THE FIRST APPEAL TO THE PPC and applied my information, should i send this?

I assumed that if they wrote the wrong name, reg, colour, date on a ticket it would void it. clearly not.

I appreciate that many of you have referred me to the newbie sections, and it is very useful, but i am struggling to understand all the terminology and then apply what i do understand to my situation.

Stroma

Take your time as it's not a race, come back in an hour when you understand it all , seriously read it piecemeal if you need to. We are here to answer questions

smitisace87

i feel like i should send the letter and await a reply?

should this be my next step?

sarahg1969

I've dealt with several appeals to TPS on a local college car park, and they've dropped all tickets. They even refunded some that had been paid.

Coupon-mad

smitisace87 wrote: »

i feel like i should send the letter and await a reply?

should this be my next step?

Yes of course - all cases are the same at this stage if in England/Wales.

smitisace87

Had a snotty email from a collections agency in response to the letter I sent.

Any suggestions of my next move?


Thank you for your email regarding the above Parking Charge Notice (PCN).
As per the British Parking Association’s (BPA) Code of Practice, Point 22.7, the driver/keeper/hirer was allowed 28 days from the date the PCN was issued and/or 28 days from the date the Notice to Keeper was sent to challenge the PCN. The time to challenge the charge has now expired and therefore access to the Independent Appeals Service (POPLA) is no longer available.
However, in order to resolve this matter, I will offer the following comments as to why this PCN was correctly issued and is still payable.
My findings
The site in question is subject to terms and conditions, which are stated on signs throughout the area. Those signs state that drivers must clearly display a valid ticket for the site. They also warn that failure to do so may result in the issue of a PCN.
On xxxxxx the vehicle was parked on the site but no valid ticket was clearly displayed. This means that the terms and conditions were breached and a PCN was correctly and legitimately issued and placed on the vehicle for notification purposes.
Landowner’s Authority
We act upon the behalf of our client, who in turn acts upon the behalf of the landowner as their authorised agent. At this stage, we are not obligated to provide you with either the landowner’s contact details or with a copy of the agreement made between our client and the landowner and therefore will not be doing so.
Amount charged
Regarding the amount charged, if you refer to the British Parking Association’s code of practice, you will discover that the sum in question is within what this body deems reasonable.
The outstanding Parking Charge amount has been calculated as a genuine pre-estimate of loss as our client incurs significant costs in managing this car park to ensure motorists comply with the stated terms and conditions and to follow up any breaches of these. These costs are made up of;
· DVLA and associated fees for obtaining keeper details.
Clerical costs there arising, including stationery and postage.
Legal and other professional advice; wages and salaries of staff involved in that, together with National Insurance and other similar related sums.
Loss of potential parking fee (where one is payable).
Loss of revenue (if it is a retail outlet).
This is not a detailed estimate for this particular case but rather an estimate of the potential loss.
This sum, and the calculations which have been made in setting it, has been approved and agreed by the landowner (or the landowner’s agent). The amount charged was also clearly laid out on the signage at the site, and by remaining on site, we contend that the motorist has accepted all of the prevailing terms and conditions of that contract, including the charges for breach of contract.
The amount charged is in line with the parking charges accepted by the courts as being legally permissible to claim. See Parking Eye Ltd v Somerfield Stores [2011], Combined Parking Solutions Ltd v Dorrington [2012], Napier Parking Ltd v Mr Darren Yau [2012] and Parking Eye Ltd v Kevin Shelley [2013].
Furthermore, as the charge was not settled with the parking company and the case was consequently passed to a debt recovery company for collection, further costs were incurred on a similar basis.
Harassment
Within the correspondence harassment has also been referred to and therefore I feel obliged to point out that under S1(3)(c) of The Harassment Act 1997, a course of conduct that someone alleges to be harassment will not be deemed so if the person who pursued it shows that in the particular circumstances the pursuit of the course of conduct was reasonable.
Under the circumstances our course of action has been entirely reasonable and in no way reaches the high threshold of harassment. Our company has legitimately pursued recompense for a breach of the terms and conditions attached to our client’s site.
Your invoice claim
I write to confirm this firm does not accept or wish to enter into any form of contract nor do we accept your charges of £18.00 per hour.
I would also draw your attention to the following case where such a claim was rejected.
Internet templates
I must also stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition, I would recommend that professional legal advice be sought on this matter as an alternative.
What you need to do now
Please pay £80.00 (reduced from £149.00) by . You can pay online or by phone. Go to or phone 0844 556 0686. You can find full details of how to pay on the reverse of the letter(s) sent to you.
What will happen if you do not pay what you owe
If you do not pay the amount by the date shown above, I will pass your case to our legal team, who will consider taking legal action to recover what is due.
What if you do not agree
Although any correspondence that does not provide further evidence will be noted and retained, I cannot guarantee that we will reply.

Stroma

Your basic junk from them, totally ignore the debt collectors! What did the parking company say when you appealed to them? You didn't say when you had the notice to keeper, and when you appealed to them though, can you answer that?

smitisace87

I emailed the parking company as soon as I got a letter from them in the post which was around a month after the ticket was 'issued'. Literally within days and they replied that I could only appeal within 28 days of them issuing the ticket onto the car. I've sent then three appeal emails, the second and third they just ignored and did not reply. They've now passed to collections agency who say I can't appeal anymore. It's a bit confusing but I assume that is their ploy to make me pay.

Stroma

Complete rubbish, the driver has 28 days to appeal on their self imposed rules, but when a NtK arrives the RK also has 28 days. Did they send out a notice to keeper? It would be simpler if you answered the time line below

1) Date of ticket?
2) Date of Notice to Keeper?
3) Date of appeal?
4) Date of rejection?

waamo

You must complain to the BPA contact details are in the Newbies thread.

An awful lot of these companies seriously dislike giving POPLA codes.