TPS fine - Cambridge - what do?

Coupon-mad

Addressing Coupon lady: I don't believe I've referred to myself as the driver in any capacity. As you saw from my previous letter, I basically claimed to have no knowledge of anything at all. Obviously keep a look out in the letter below for anything that implies I was the driver.

Good!

In your responses to Premier Solicitors, keep putting the ball back in their court for 'evidence' and telling them they are harassing you for a denied debt, specifically saying things like:


I put you/your client to strict proof that the car was actually PARKED for the time stated and that the ANPR signage warned drivers how the data collected would be used and that the four hour 'clock' started ticking from the point of photographing a car at the entrance, rather than as the ordinary driver would expect, at the point of actually parking. I remind you that informing a driver how the data collected by the ANPR camera is to be used is not only a strict requirement of the BPA Code of Practice but also an ICO requirement.

I believe the signs do not inform drivers how the ANPR data will be used and that the other signs are sporadic and the amount of the parking charge is illegible and hidden in small print at this site. As I am sure you are aware, this makes this car park the polar opposite of that in the ParkingEye v Beavis case, where the prominence of signage and the £85 in very large lettering on a simple, short, clear and uncluttered set of signs was a key element.

I suggest this ridiculous PCN for driving in and out during an allowed/prescribed set of grace periods is now cancelled. Your client has no cause of action and your debt collector 'reminder' letters are misleading and constitute unwarranted harassment. In the absence of your evidence of BPA Code of Practice and ICO compliance - and POFA 2012 compliance - within the next 14 days I will consider the matter closed.

I warn you and your client and any agent they use, to cease and desist with letters that are merely part of their/your debt collection series, which compounds this course of conduct of prolonged harassment. I have shown that the alleged debt is not only denied, but is incapable of pursuit within the strict rules of the BPA Code of Practice. If your client believes they actually have a case against me as keeper then they should have commenced with legal proceedings a year ago rather than hanging on the coat-tails of the recent non-comparable Beavis decision, in the hope that registered keepers will be naive enough to pay a debt that is not owed just because it is a private parking matter.

hoohoo

If I read this thread, I think Therefore I am.Just saying.

Socks0rs

Thanks Coupon-mad - I've sent the letter now.

Concerning what the last dude said... might it be wise to delete this thread? I mean when/if they reply back, I can always start a new thread and we can continue from where we left off...

What's the verdict?

Coupon-mad

I think therefore I am as well.

Socks0rs

Cheers.

Done.

mbman

Hi,
I too was caught by TPS at the Cambridge Retail Park.
I overstayed without knowing by 20 mins.

But I won my appeal.

First thing don't panic.
I know it's hard but hang in there.

My situation was I arrived around 19:15 ish. I parked beside Pizza Hut as I was meeting friends for a meal.

When I arrived the one sign on the way in was so high up a lamppost I couldn't read it.

Secondly when I did park there were no signs. So I thought.
Turns out there was but there was only four and they were so low that when cars parked they were hidden.

Anyway I left about 22:30.
The a few weeks later TPS kindly wrote that I owed the. £85 quid for 20 mins overstay.

Considering the shops had shut about 21:30, I couldn't see that it was loss of earnings.

And don't worry even if you did tell them you were the driver. I hate to admit it but I indirectly told them I was but I still won my case.

First letter I wrote bascically said I had no idea there was a limit. I looked for signs and found none.
Of course they denied this as you'd expect.
They asked for proof that I was at Pizza Hut. Ok hands up who would keep a Pizza Hut receipt for over a month. Exactly so
I had no proof. So told them that.
Because of this they said cough up and if you want to appeal here is the popla reference code.

So I did.
I don't live near Cambridge so did not want to drive back to look at the car park.
But I had some help from a kind guy who took some photos for me. I drew on the back the direction of the signs in relation to my car was facing.

Stated the one behind me there was motorhome parked there hence I could not see any signs.

Downloaded a template for the popla appeal.
Changed some paragraphs to relate to my issue.
I.e. Loss of earnings late at night
And bad signage.
And sent it in.

This is my forum post and I can see someone has already posted it above.

It contains my popla appeal letter that I sent in. Plus what else I attached with it.
The inquest said they could not go near loss of earnings as that was so difficult to prove.
But I won on the signage was bad. Not enough signs. Poorly placed and the lettering was too small. I heard that not only all the signs had to be replaced but they also increased the time from 3hrs to 4hrs so a good result.

Site won't let me post with a link.
So I've removed the http bit.

forums.pepipoo.com/index.php?showtopic=80158

I know those letters you are receiving look bad, but keep them to one side and try not to worry.
You'll need them so you can give a copy of them to the popla appeal.
I think they kindly sent me three letters in all.
Every time upping the fine.

But remember it costs them more to follow there letters through as they have to use the courts. This is because they have no right to fine you.

I hope my pepipoo link helps a little.
Hang in there.
Get your popla ref code, download the poplar Templar or copy mine and adjust the few paragraphs to fit your overstay.
Remember what they said above add in the fact you were within the grace period.

Good luck
Mbman