ZZPS / TPS Car Parking

Shellster

Hi,

I have read the newbie guide first and think I know the answer but if somebody can just confirm for me that would be excellent. I think with this company being registered BPA I should respond with the following

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the BPA Code of Practice in terms of signage at this site, for example) please take this as formal notice that I reserve the right to sue your company and the landowner/principal in your contract, for a sum not less than £250 for any Data Protection Act breach.

For the avoidance of doubt, I do not give you consent to process data from the DVLA relating to this vehicle, whether you have already obtained it or not.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Just a quick overview of my situation..

Outside my apartment is a car park that a few signs from TSP about prviate land, as residents we get instructed to put a little sticker in our window to avoid any fines etc, so I did this..clearly and it's never moved. However..I didn't ever recieve a ticket on my car, I did however receive a letter in Janaury from TSP Car parking saying I now have an passed the period of paying a reduced amount and I know owe the fulloutstanding balance with them for a car parking debt.. I ignored this letter.

I have now recieved another letter... now from ZZPS explaining the unpaid PCN has been passed onto them and increased again to £160...

Now I know these companys all just bully bully bully to get the odd person who will just pay, but I'd really appreciate advise on my case to what, if anything I should do.

This latest letter has this written at the bottom so this is why I was hesistant to go ahead and send that template above:

For your information: a recent Surpeme Court ruling (ParkingEye v Beavis) has confirmed that a parking charge issued on private land is enforcable and the parking charge does not breach the unfair terms in the consumer contracts regulations 1999..

So if I'd understood the newbie guide.. I should be sending that template to appeal..but would I send this to ZZPS or TSP? Or.. do I just ignore..yes i know on newbie it says not too , but then maybe confilicting threads have instructed to just ignore.. haha.. damn the internet and it's many helpers!

Any questions please do just shout and thanks in advance for anybody who can help out.

twhitehousescat

of your case is the same as the one on pepipoo , then you are to late to appeal


17/12/2016

Shellster

so does that mean it's a case of pay now or ignore and wait for the court summons?

twhitehousescat

you are to late to appeal , who owns the land , is the space alloted to you , does the lease (ast) mention parking cos ,

a lot more info needed

look on hear and pepipoo for "own space" type postings and understand that a PPC cannot just appear and demand that you run around like an idiot

Shellster

there is no allocated spaces, it's just a free for all for residents really.

When I first started renting I was just given a small peice of card to put in my window, no other metion of this in my agreement. I presume it's all owned by the building maintenance team it's certainly not owned by TSP or ZZPS.

It's just frustrating how not recieving a ticket but then getting a letter saying I'd surpassed the reduced fee time, thats why I just initially thought it was a con and ignored.. then this second letter from another company has just added to the frustration.

I will get on looking at the own space postings now.

twhitehousescat

and have you contacted the management co , or the person you rented from , for help

Shellster

I haven't contacted the management.. It's a private landlord but the management company (the estate agents) are horrendous with customer service, I will try and call them for advice shortly.

twhitehousescat

be horrendous back , a bit of grief to your landlord may assist matters , they do not like grief , just money with little work , get them to do some!

Shellster

just done the typical english way and wrote a harsh email.. will await the reply from management and see what happens!

Coupon-mad

Some reading for you to see the case transcripts and info to help victims of these scams in residential car parks:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

The little piece of card allows you to park there and the rights under your AST prevail, assuming this car park is part of the residential block. You didn't agree a variation of the terms of your tenancy for that location and I doubt the 'little bit of card' came with a detailed contract warning you of your 'relevant obligation' and risk of paying £100 for parking (specifically stating the £100). Nope? Thought not. So the parking firm just rocked up with permission of the agent & put some random signs up but can't impose new terms whilst disregarding your AST.

You also say your permit card has always been displayed so the PCN sounds a scam, as per usual.

Shellster

ha recieved another letter.. now with a new deadline date.. 21st not the 20th..

So received one letter yesterday and another letter today.. very professional.