PPS Parking Solutions (Newton Abb)

esmerobbo

So your employers have not appointed them your employers are tenants?

If your employers cant do anything, read the stickies wait for the notice to keeper, appeal to them, they will no doubt refuse your appeal then see them off at POPLA costing them money.

fizzyfee123

esmerobbo wrote: »

So your employers have not appointed them your employers are tenants?

If your employers cant do anything, read the stickies wait for the notice to keeper, appeal to them, they will no doubt refuse your appeal then see them off at POPLA costing them money.

so i work in a site of loads of offices which people can rent offices... my employer rents my office off the site... and the site have contracted PPS to managed the parking


another thought came to me can i pretend that no parking ticket was on my car?? haha

esmerobbo

fizzyfee123 wrote: »

so i work in a site of loads of offices which people can rent offices... my employer rents my office off the site... and the site have contracted PPS to managed the parking


another thought came to me can i pretend that no parking ticket was on my car?? haha

You could but you will receive something through the post shortly.

fizzyfee123

Dear PPS (Premier Parking Solutions)

PCN number xxxxxxx
I have received your parking 'invoice' impersonating a parking ticket. I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:

A) The amount is neither a genuine tariff/fee for parking, nor is it based upon any genuine pre-estimate of loss to your company or the landowner.
You are not the landowner and do not have the standing to offer contracts to drivers nor to bring a claim in your own right.
C) Your signage was not sufficiently prominent nor clearly worded and consideration did not flow from both parties, so there was no contract formed. This is a non-negotiated and totally unexpected third party 'charge' foisted upon legitimate motorists who are not your customers and are not parties of equal bargaining power. Therefore ALL terms are required to be so prominent and the risk of a charge so transparent that the information in its entirety must have been seen/accepted by the driver. No reasonable person would have accepted such onerous parking terms and I contend the extortionate charge was not'drawn to his attention in the most explicit way' (Lord Denning, Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163, Court of Appeal): 'The customer is bound by those terms as long as they are sufficiently brought to his notice beforehand, but not otherwise. In {ticket cases of former times} the issue...was regarded as an offer by the company. That theory was, of course, a fiction. No customer in a thousand ever read the conditions. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling.'

As you have failed to create any enforceable contract I suggest that you cancel this unjustified 'ticket'. If not, under your Trade Body's current Code of Practice you must issue a rejection letter which, in order to answer my appeal, must include:

1. The legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee?). As keeper, I cannot be expected to guess the basis of your allegation.
(i) if alleging breach of contract, please supply a breakdown of your alleged 'loss' and state the intention of your enforcement (i.e. deterrent or revenue?).
(ii) if alleging trespass, enclose evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder.
(iii) if alleging 'contractual fee' I request a VAT invoice by return and your explanation of how you can allow drivers to park 'in breach' for a fee when your client originally contracted you in order to disallow and deter - not allow and profit from - unauthorised parking. I contend this charge is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal). Should you try to rely upon ParkingEye v Beavis & Wardley at independent appeal stage, I will of course point out that it was a flawed decision at small claim level so is not binding, and Mr Beavis is continuing his defence to the Court of Appeal. There is clearly no commercial justification for this punitive charge and no case law to support it.

2. Proof of your locus standi to offer contracts to drivers at this site and to bring a claim in your own right for this particular contravention. If you are not the landowner, I will need to see a copy of your contract, showing the restrictions, the charges, the dates and terms of business including any payments between yourself and your client and the definition of your status as agents or contractors and your assigned rights (if any). Such detail is necessary for me to make an informed decision. Failure to divulge your landowner contract (or heavily redacting it) will be deemed as withholding pertinent information and, of course, I will require it to be shown at independent appeal stage anyway. A witness statement will not suffice, nor a site agreement with a managing agent or other party who is not the landowner.

3. Your explanation of the consideration that you believe flowed from the driver, and from yourselves. Consideration from both sides is required for a contract.

4. A copy of the signage site map and close-up pictures of the signs in situ at the time, taken at a comparable time of day in similar light conditions.

5. The means to make an appeal to POPLA or the IAS. This must not be withheld or delayed, which would be a breach of the Code of Practice.

If you fail to simply cancel the charge or supply the means to independent appeal in your first reply you will also be reported to your applicable ATA and the DVLA. A certificate of posting will be obtained for all written communications for this appeal and complaint and I intend to claim my costs when I prevail.

Yours,



SO I FOUND THIS ON THE PAGE 'CRABMAN' RECOMMENDED.. WOULD THIS WORK AS AN APPEAL? XX

Redx

try the coupon-mad sticky

Dee140157

Ok, let's slow this down a bit. You are rushing head long and may make a mistake.

You have received a windscreen ticket.
You need as newbie thread (see my signature which is also linked to by Crabman in his sticky) to wait for the NTK.

When you receive the NTK then you use the appeal in Coupn-Mad's sticky using either the short or long appeal. It is the one you have posted above.

This will probably get rejected. When it is you will appeal to POPLA.

Your reactions so far in this thread seem a bit head strong and when people give clear if to the point instructions, you are responding immediately without any great filters or appreciation that the regular posters do this as volunteers and do not need insulting. So put the brakes on and think about your reaction.

We do not ever recommend ringing PPCs as you will never get the reaction you want. Of course they want to get the money out of you. We want to save you money.

fizzyfee123

Dee140157 wrote: »

Ok, let's slow this down a bit. You are rushing head long and may make a mistake.

You have received a windscreen ticket.
You need as newbie thread (see my signature which is also linked to by Crabman in his sticky) to wait for the NTK.

When you receive the NTK then you use the appeal in Coupn-Mad's sticky using either the short or long appeal. It is the one you have posted above.

This will probably get rejected. When it is you will appeal to POPLA.

Your reactions so far in this thread seem a bit head strong and when people give clear if to the point instructions, you are responding immediately without any great filters or appreciation that the regular posters do this as volunteers and do not need insulting. So put the brakes on and think about your reaction.

We do not ever recommend ringing PPCs as you will never get the reaction you want. Of course they want to get the money out of you. We want to save you money.

THANKS!!! great advice and sorry didnt mean to cause any issues xx

Coupon-mad

fizzyfee123 wrote: »

just rung PPS and they have said if i don't pay it will go to Payment collectors then court..

What on EARTH possessed you to pick up the phone to ring that bunch? Don't ever ring a scammer. What a waste of time that was. But don't ignore this ticket either. As Dee says I don't know why you rushed to come up with the template appeal when I tell people NOT to appeal until you get the first letter (couldn't be much clearer about that!). DON'T TELL US THAT ON THE PHONE YOU SAID WHO WAS DRIVING - PLEASE?!

If you read the Newbies thread more, you will see PPS 'winning POPLA wording' to adapt and change a bit to suit your own case. There are two recently written POPLA examples there especially to beat PPS but they are about cases where the people had pay and display tickets that blew off the dashboard.

So, I am saying 'YES' use those PPS examples in post #3 of the newbies thread when you get to POPLA stage (once you get a rejection of the first appeal after they send you the NTK). But you must make relevant changes ready for POPLA to consider your case. Have a look now at the PPS examples - your main chance to win is probably the first appeal point (No GPEOL). If you ask what that is you haven't read the Newbies thread enough!