PCN total parking solutions

Gregous

Good morning all I hope you can help..

I received a PCN from Total parking solutions 4 days ago, basically I had one of my kids with me, we went to Kettering retail park and parked in their car park. Met my ex who was with my other little one. The kids started kicking off that they wanted sweets, I had left my wallet at home and she had no cash and her card is not chip and pin (very basic bank card) I have her my car keys and I ran to the bank with her card, she stayed in the retail park fully insured to drive my car. I got back after about 10-15 mjnutes and brought the kids sweets. Went into Halfords for 5 mins they didn't have what I required and went back to the car then found a PCN on it stating that the driver of the vehicle was seen leaving the premises. I sent a appeal explaining that I gave my keys to her and she's fully legally capable of driving my car and sent a copy of the reciepy of about £4 for the sweets but they up held their argument ( the driver left the premises). What the hell do I do now please, I have read all the posts but still a little lost.

Many thanks in advance :beer:

fisherjim

Well that appeal wouldn't get you anywhere, and you have shot yourself in the foot slightly, pity you didn't come here first.


They should have sent you a POPLA code compile a good appeal for that from the advice on here, but don't send it without getting it looked at bythe regulars on here.


The leaving site scam is very hard for the muppets to progress, it's just one of their extended money making scams.

MistyZ

TPS were never going to take a blind bit of notice of the fact that kids demanding sweets etc. can be a bit of a situation. They probably wouldn't have taken any notice of the blue template appeal on the Newbies' thread either but at least that way the driver wouldn't have been identified. In any case there were a couple of drivers and car parks are not open prisons ... it's madness I know.

I think this bunch are BPA members so the next step will be a POPLA appeal, there should be a POPLA code on the appeal rejection. The back story will still not be relevant, but signage, landowner authority, grace periods etc. will be. Have a read of the Newbies' thread.

You also need to complain to whoever manages this car park, most likely a land management company. You could also complain to the store managers of shops you visited and indeed their CEOs. You can summarise the facts of the matter to them, though focus on being a genuine customer (including any history of customer loyalty) and strongly insist that they cancel the charge. I think you need to draft a suitable email that can be modified to send to all & sundry.

The_Deep

The Law requires that a claimant attempts to mitigate his/her loss. If a oparking weasel saw you leave, waited for you to do so, and ticketed your car, clearly they made no attempt to do so, i.e. warn you of the financial consequences of doing so. Read this

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

In any case, this may well be an unfair term in a consumer contract, and many judges regard it as a trifle

https://en.wikipedia.org/wiki/De_minimis

not a breach of contract at all. We regard it as a scam.

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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. It has cleared Parliament and hopefully, this will become law shortly.

Guys_Dad

do the photos show anyone still in the car if wife had keys?

Gregous

Hi no the only pictures that they have taken I one from the rear of the vehicle but as stated she was in the shops at the time waiting for me to get back with her purse and money

Gregous

Hi where do I find the newbies thread, I am new to this. Many thanks

KeithP

Gregous wrote: »

Hi where do I find the newbies thread, I am new to this. Many thanks

Go back to the screen where you found the New Thread button earlier.

The third thread in that thread index list is the one you want.

Entitled:

**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

Coupon-mad

Gregous wrote: »

Hi where do I find the newbies thread, I am new to this. Many thanks

And if you were using a phone, get off the phone, as you can't meaningfully view the forum like that.

Gregous

Hi all
Please can you give the below statement a read to confirm if I have everything I need, Many thanks.:beer:


POPLA APPEAL NO: XXXXXXX Registered Keeper xxxxx
Dear Sir / Madam
I arrived on the retail park in the vehicle registration number xxxxx and parked in a designated parking space within the retail park with my daughter 4 ½ years old. We walked 20 metres and met my ex-girlfriend who was with my son 3 years old outside Halfords (situated within the same retail park) we were there to get a price for a part for my road bike. Before entering Halfords the kids started arguing because they wanted sweets, the only place open to get them was Poundstretcher two doors away but within the same retail park. I didn’t have my wallet with me and my ex only has a basic bank card with no chip and pin so we decided that it was easier and faster if I took her card and ran to the bank to get money out. But before leaving the site to run to the bank to get cash I had designated my ex as the driver for the vehicle and gave her the keys, she is a fully qualified and insured driver for my vehicle, who stayed within the retail park for the full duration of my absence.
On my return 10-15 minutes later we went into Poundstretcher brought the sweets and popped into Halfords to look for the required component. The employee of Halfords gave me the price of the component and we left, we all got into my car and that’s when I found the parking charge notice.

I also have a receipt from the date and time in question, from where I brought the kids sweets during our visit at the retail park in question. Shown below:


Firstly a couple of days later I had taken a picture of one of the signs around the retail park (below) nothing states on that sign that I cannot designate someone else driver of my vehicle especially if they’re legally allowed to drive it, so where it states “Do not leave the premises at any time whilst your vehicle is parked in this carpark”. I designated my ex as the driver of said vehicle and she didn’t leave the premises at any time.


Secondly:
BPA Terms and conditions state:
20.5a When issuing a parking charge notice you may use
photographs as evidence that a vehicle was parked in an
unauthorised way. The photographs must refer to and
confirm the incident which you claim was unauthorised. A
date and time stamp should be included on the photograph.
All photographs used for evidence should be clear and
legible and must not be retouched or digitally altered.

Please can Total Parking Solutions Ltd show me pictures of myself leaving the premises when running to the bank after giving the car keys to my ex? But also can Total Parking Solutions then show pictures of my ex receiving the keys to my vehicle and waiting in the retail park carpark for my return?

Gregous

Hi all
Please can you give the below statement a read to confirm if I have everything I need, Many thanks.


POPLA APPEAL NO: XXXXXXX Registered Keeper xxxxx
Dear Sir / Madam
I arrived on the retail park in the vehicle registration number xxxxx and parked in a designated parking space within the retail park with my daughter 4 ½ years old. We walked 20 metres and met my ex-girlfriend who was with my son 3 years old outside Halfords (situated within the same retail park) we were there to get a price for a part for my road bike. Before entering Halfords the kids started arguing because they wanted sweets, the only place open to get them was Poundstretcher two doors away but within the same retail park. I didn’t have my wallet with me and my ex only has a basic bank card with no chip and pin so we decided that it was easier and faster if I took her card and ran to the bank to get money out. But before leaving the site to run to the bank to get cash I had designated my ex as the driver for the vehicle and gave her the keys, she is a fully qualified and insured driver for my vehicle, who stayed within the retail park for the full duration of my absence.
On my return 10-15 minutes later we went into Poundstretcher brought the sweets and popped into Halfords to look for the required component. The employee of Halfords gave me the price of the component and we left, we all got into my car and that’s when I found the parking charge notice.

I also have a receipt from the date and time in question, from where I brought the kids sweets during our visit at the retail park in question. Shown below:


Firstly a couple of days later I had taken a picture of one of the signs around the retail park (below) nothing states on that sign that I cannot designate someone else driver of my vehicle especially if they’re legally allowed to drive it, so where it states “Do not leave the premises at any time whilst your vehicle is parked in this carpark”. I designated my ex as the driver of said vehicle and she didn’t leave the premises at any time.


Secondly:
BPA Terms and conditions state:
20.5a When issuing a parking charge notice you may use
photographs as evidence that a vehicle was parked in an
unauthorised way. The photographs must refer to and
confirm the incident which you claim was unauthorised. A
date and time stamp should be included on the photograph.
All photographs used for evidence should be clear and
legible and must not be retouched or digitally altered.

Please can Total Parking Solutions Ltd show me pictures of myself leaving the premises when running to the bank after giving the car keys to my ex? But also can Total Parking Solutions then show pictures of my ex receiving the keys to my vehicle and waiting in the retail park carpark for my return?

I had already admitted in the appeal that I was the driver. My bad :embarasse, I should of come on here first.