I've read the Sticky - Look like they're playing hardball! Any Help Appreciated

Tomkage

Hi All,

After receiving a "Parking Charge Notice" from London Parking Solutions in the post and having my initial appeal rejected, I decided to look online as to the legitimacy of the agency and for any help/advice.

In short, I've been "fined" as the registered owner of a vehicle that I didn't own (and have proved with v5 doc images) at the time, the agency have said they will take back the fine but only if I pass the details of the previous owner to them. I purchased the vehicle on the 19th Feb, the "PCN" is dated the 8th Feb.

I'm pretty certain I'm under no legal obligation to hand over any info. I even have an inclination it's against the law for them to ask or me to hand them over. After a refusal to repeal the fine I then came across the sticky thread and sent off the appropriate template.

This is the reply (My second rejected appeal to -date);

Thank you for your recent appeal. Unfortunately, your appeal has been rejected.

A detailed letter has been attached and sent to confirm the rejection and to outline the options available to you.


--
Kindest Regards
PCN Parking Solutions


1. Who is the party that contracted with your company and are they the land owner?.
I can confirm that London Parking Solutions Limited operate the site, their contact details can be found online.
We are under no obligation to provide this information at this stage, however details of the landowner for the site in question are a matter of public record and can be obtained by contacting the Land Registry office.
2. Is your charge based on damages for breach of contract? Answer yes or no.
No, the contractual terms make it clear that any driver parking in this area, not in accordance with the terms and conditions of parking, agrees to pay the Operators charge. It is in essence the 'price' that the motorist has agreed to pay for parking outside of the stated terms and conditions of parking.
3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
Please see enclosed.
4. Please provide all photographs taken of this vehicle.
Please see enclosed.
5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.
Please see enclosed.[/COLOR]

Now, I'm aware that this is no-more than a speculative invoice and they have no real position to require me to give them any information, I would however like o completely forget about this and will be a lot more comfortable when they stop demanding payment from me.

Any advice would be most welcome, has anyone else had this response from the template on the sticky? It looks fairly blanket so I assume they've found way to combat the huge amount of people utilising the great resources on MSE.

Thanks in advance for any ideas!

Best

Tom

System

Send a Subject Access Request to LPS (enclose a £10 cheque) and get copies of what they got from the DVLA and any pics of the car they took.

Once you have that reply, then check to see what error there has been. Then if you are correct, send a letter to Trading Standards and ask them to investigate their misleading and aggressive practices.

When you send the SAR tell them what you are looking for and what you intend to do with it. See if they still want to play hardball.

Tomkage

Thanks IamEmanresu,

Just worried about getting into a p***ing contest with them, also I don't have a chequebook haha.

If you think this is they way to go and will stop them being unreasonable is this going to work without a cheque or is there another way I can show willingness to pay for the SAR?

Thanks again, really appreciate the response!!!

The_Deep

I will be a lot more comfortable when they stop demanding payment from me.

Why? You are in a position here to cause them huge embarrassment and a lot of money, milk it.

Redx

so get somebody WITH a chequebook to write a cheque for £10 and pay them £10 in cash , how hard can it be ?

look for solutions, not problems, because like it or not they have signed you up for the game and locked all the doors so there is no easy way out, you are in a p****** contest whether you like it or not

Tomkage

Haha, Thanks Deep, I thought they'd be more embarrassed when I showed them the v5, didn't seem to phase them.

Red I'll try that, quick update, just received all the same bumpf in the post.

Guys_Dad

You should simply write back saying "I have provided you with proof of when the vehicle was registered to me. It was after then event and it is up to you to establish who was the registered keeper on the day of the alleged contravention, not me.
I am now giving you formal notice that you must cancel this charge, remove my details from your database or I will take action under Data Protection legislation for any processing of my data following this letter".

This opinion is based on the fact that you actually registered the vehicle when you bought it and were not the actual owner on the 8th. You should also have a bill of sale, should this get to court.

Post reply with a certificate of posting and/or email the PPC. Sit back and wait for court where you can take them for costs and start a DPA counterclaim.

Coupon-mad

Send a £10 postal order...