Total Parking Solutions - PCN NtK

Yella_Fella

Castle wrote: »

So is that yes or no?

Have they included photos of the signs and a copy of the Landowner contract ?

In the rejection letter to my appeal initially (they have included the same letter as their operator evidence pack), it shows the 3 following signs. They have since moved, and no longer exists as the operator for that site since the NtK. They have not responded othat than submitting as stated my appeal, their rejection to the appeal, and the 3 reminder NtK. Below is the following only 3 signs as part of their rejection.

https://ibb.co/ihxyx0

https://ibb.co/b2cWH0

https://ibb.co/c8k7qL

Other than resubmitting the rejected appeal with their signage, there's been no further mention about anything else with land owner authority/contract etc.

nosferatu1001

So that would be "No, they havent supplied the landowner contract"!

Keep it simple
It was a yes or no question...!

So obviously in your response you state they have not supplied a contract, therefor ethey are not compliant with the CoP and the appela must be upheld.

Yella_Fella

nosferatu1001 wrote: »

So that would be "No, they havent supplied the landowner contract"!

Keep it simple
It was a yes or no question...!

So obviously in your response you state they have not supplied a contract, therefor ethey are not compliant with the CoP and the appela must be upheld.

Apologies. With regards to the signage photos they've submitted, I take it that's irrelevant as their evidence pack?

Yella_Fella

The appeal from POPLA has come back successful, thanks for all your help. Don't think they liked the template appeals much.

POPLAs remit is to assess whether a PCN has been issued correctly, in accordance with the terms and conditions of parking displayed on the signage at a site. When assessing a charge the burden of proof initially lies with the operator. It must provide evidence of the terms and conditions of the parking site, how the driver was made aware of the specific parking conditions, how the terms of the parking contract were breached, and how the appellant was made aware of the charge. Once it has satisfied the burden of proof, it then passes to the appellant to show any inaccuracy in the operator’s case file. In this case the operator has issued a PCN of £70 for exceeding the maximum stay time. The appellant states they were the registered keeper of the vehicle and not the driver at the time of the contravention. They appellant has used a templated appeal which does not challenge whether the contravention of terms occurred. It does however raise several procedural matters that they feel invalidate the charge. These are that the notice does not comply with the Protection of Freedoms Act (PoFA) 2012; that the signage at the site is inadequate; the Automatic Number Plate Recognition (ANPR) technology is inaccurate; and there is no planning permission for the pole mounted cameras and signage. The operator has provided ANPR images which show the vehicle remained at the site on 30 August 2018 between 11:51 and 15:48. The terms and conditions displayed at the site have been evidenced, however the quality of the evidence provided is such that I am unable to review the full terms and conditions. As the evidence provided is poor, I do not consider that the operator has met its’ burden of proof and I cannot assess whether the PCN has been issued in accordance with the displayed parking contract terms. For this reason I allow the appeal with no further need to review any other evidence or information provided.

beamerguy

Well done ...

Just proves that Total Parking Solutions were scamming you in the first place. Total Parking Solutions are part of the ever growing group of scammers approved by the BPA

blackgothic

iv jusr receved one of these for overstaying an hour over the 3 hr permited free parking. They have spelt my surname wrong in the letter sent does this help my situation . thanks

Umkomaas

blackgothic wrote: »

They have spelt my surname wrong in the letter sent does this help my situation . thanks

Nope.

Please read the NEWBIES FAQ sticky, post #1 to learn about the game you are now being forced to play and how to try to get out of it.

Looking for loopholes will not provide any silver bullet.

Please start a thread of your own if you need more help - after reading the sticky.