Private Parking Solutions Ltd (@ Tesco)

tommo385

Hi Everyone,

I have read and re-read the stickies so apologies if I should have just gone ahead made the first appeal however I am a bit confused as to what action to take.
I have received a ticket today that was issued on 3/12/2018.

The incident date is 30/10/2018

I am struggling with the guidance as I had no ticket affixed to my car however the images on the website are clearly taken by a person and not an ANPR camera? I'm not sure which guidance to follow.

My car is a lease car and although I am the keeper I am not sure who is shown on the V5 and therefore with the DVLA. If they have been directed to the leasing company then this could cause the delay in delivery of the notice. The notice doesn't detail this document trail at all.

For my first appeal template should i follow the Schedual 4 guidance as detailed on the sticky on the forum or not?I cant quite work out if they have complied.

I do have some other issues to raise with them in regards to the actual validity of the ticket but i'm just trying to get my head around this stuff first.

Thanks

Redx

as this is a lease vehicle you need to study the posts by edna basher closely

start with the BOTTOM of post #1 of the NEWBIES FAQ sticky thread

as hirer/lessee, did they enclose the lease agreement ?

and did they meet the timeframe under POFA2012 as detailed by edna basher ?


once you have done this, construct your lessee/hirer/keeper appeal based on the examples by edna basher

tommo385

It is not clear if this come from the Lease company. It seems most likely to me that the Lease company has advised them that I am the keeper and PPS have then sent me the parking charge notice. There is nothing enclosed but the Parking charge notice.

I cant make out what the time frame is. IS it measure from when my lease company or the DVLA advised them that I am the Keeper. If so do I need to request this information?

Redx

I agree with what you are saying, the HIRE CO will have named you as hirer or as lessee, as the day to day keeper and PPS reissued the NTH to your address

the hire docs are probably missing seeing as they only sent the NTH and so they may have failed POFA2012 on several counts , timescale, no hire docs , no POFA warning etc

for now you do the appeal as lessee/keeper/hirer and adapt the template provided by edna basher, which I already told you to do , and appeal it in that capacity


no blabbing about who was driving, its a secret


let them hang themselves out to dry with POFA non-compliance, later on

tommo385

Dear Sir/Madam
Re: PCN No. 123456789I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My dets….

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact the lease company again regarding this PCN.

The boundary of your car park are not well defined. There are no markings at the edges of the area that to notify drivers this area is subject to regulation (Yellow Lines, Hatchings).

You have provided photographic evidence of the vehicle. The parking signage can be seen behind my car. You have then provided an image of a different sign presumably but not obviously somewhere else in the car park.

There is no reason provided for this. It seems it would be most appropriate to provide an image of the signage nearest to the vehicle as this is the sign the driver is likely to read. Is there any reason this is not the case.

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.

Could you provide a timeline of what action has been taken to date including any contact with the DVLA, when they gave you the information you requested and likewise with the lease company who owns the vehicle.

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

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,
me

Fruitcake

Delete your PCN number!

That looks nothing like Edna Basher's template. Why have you told the scammers there might have been something near the car that they can use to their advantage against you?

tommo385

Edna Bashers Template seems to relate to fleet managers?
Is that the one i should be using?

Redx

there are 4 in that thread , ADAPT one of them to suit and no personal details on here

The_Deep

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

tommo385

The above draft is an edited form of one of them.

Should i not include the PCN number? It was included on the template.

KeithP

tommo385 wrote: »

Should i not include the PCN number? It was included on the template.

Of course you include the PCN number in your appeal.

What you don't do is put information in your posts on this forum, or any other forum for that matter, that can identify you.

The PPCs trawl forums like this just waiting for people to trip themselves up and you have uniquely identified your incident.