LPS blue template questions

dilby

Hi all -

Keeper of vehicle that recently had a window PCN from LPS (Local Parking Security LTD) - extra frustrating as they were parked there to do some homeless charity work and had to stay back to provide extra help with a particular situation!

LPS are a BPA member, and reading the fantastic newbie threads it seems by best course of action is to post the blue template via web form on day 26. However there are a few things in the blue template that I want to query in regard to my PCN if that's ok...

"If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it. "

In regards to this part, the PCN gives the times at the top and then lists 'Issue Reason: 2' and states that the keeper parked without displaying a ticket. If that's true, then they either didn't see it or it was obscured/slid off as a ticket was purchased and we have evidence of this (Unfortunately the keeper didn't take note exactly where it was when they returned to the vehicle as they were angry about the PCN!) So is it still okay to say that 'your notice does not explain it?' Or should I elaborate here myself and add evidence of the ticket purchase?

"If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end."

The ticket expired at 3:13pm and the PCN was given at 3:42 (returning to vehicle as soon as it was put on windscreen - in fact the person could be seen leaving the vehicle) - according to grace period above the vehicle would still be outside of this by 9 mins, so should it be brought up?

And one more question: In terms of 'day 26' is day 1 the day you're given the ticket or the day after?

Thanks so much!

KeithP

Day 25 or day 26 - it doesn't matter.

Send the blue template appeal unchanged - no additions or alterations needed.

Send it as the keeper.

D_P_Dance

On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

dilby

KeithP wrote: »

Day 25 or day 26 - it doesn't matter.

Send the blue template appeal unchanged - no additions or alterations needed.

Send it as the keeper.

Thanks. Here's an update: They wrote back and stated that the contravention was 'Parking without displaying a valid ticket'. The attached photos show this, but the river did get a ticket, so my feeling is perhaps they left it around the gearstick and not on the dash, or it simply fell off when the shut the door by perhaps a gust of wind. Bit confusing, but it seems wrong to be fined when they did buy a ticket (i have a photo of the ticket).

Either way I am going away for 3 weeks on holidays, and really dont want to be spending it sorting out parking tickets. Is this safe to ignore until I'm back or is there some steps I should take before leaving?

Thanks

KeithP

Did LPS provide a PoPLA code with your rejection letter?

You have 32 days from the date of that rejection letter to submit a PoPLA appeal.

Post #3 of the NEWBIES thread will guide you through that.

dilby

KeithP wrote: »

Did LPS provide a PoPLA code with your rejection letter?

You have 32 days from the date of that rejection letter to submit a PoPLA appeal.

Post #3 of the NEWBIES thread will guide you through that.

Thanks for the reply. No, the only mention of PoPLA is:

"Local Parking Security Ltd manages the car park on behalf of the landowners. Confirmation of this will be provided to POPLA upon POPLA’s request."

KeithP

You didn't quite say it earlier, but have they rejected your appeal or not?

Are they perhaps just fishing for the driver's identity?

What exactly is that letter/email you have received?

dilby

KeithP wrote: »

You didn't quite say it earlier, but have they rejected your appeal or not?

Are they perhaps just fishing for the driver's identity?

What exactly is that letter/email you have received?

Apologies, contents pasted below:

---

Attached within this email is the photographic evidence of the Parking Charge Notice being issued to the vehicle windscreen.

Please note that all photographic evidence is time and date stamped.

Location: ********

Contravention: Parking without displaying a valid ticket

Issued Date: ********

Local Parking Security Ltd manages the car park on behalf of the landowners. Confirmation of this will be provided to POPLA upon POPLA’s request.

The registered keeper is liable for payment of the unpaid Parking Charge Notice if they are unable to provide us with the driver’s details at the time the Parking Charge Notice was issued.

Please refer to Protections of Freedoms Act 2012 Schedule four for further details on this.

If you are able to provide us with the drivers details at the time the Parking Charge Notice was issued we will contact them directly.

If you cannot provide us with these details, we will have no option but to pursue the claim against you as the registered keeper.

The legal basis of the Parking Charge Notice is based on the contract entered by drivers who park on private land.

The terms and conditions upon which the contract is based on is clearly stated on all signage located throughout the car park.

When parking on private land, the motorist freely enters into an agreement to abide by the conditions for parking in return for permission to park. It is the motorist’s responsibility to ensure they abide by any clearly displayed conditions for parking.

Local Parking Security Ltd are a fully approved member of The British Parking Association and as such abide by all current legislation and regulations with regards to parking on private land.

---

KeithP

OK, ignore that letter and wait patiently for your appeal rejection letter complete with PoPLA code.

Redx

wait for a popla code to arrive after it "times out" and you have not provided the drivers details (as KeithP said above)

Fruitcake

Edit post 4 to amend information about who obtained or left the ticket in the car. It was either The Driver or An Occupant of the car that did this.