Portswood centre (another) - should I get personal?

Coupon-mad

They parked their 2 cars in the nearest car park as one friend has multiple disabilities (and thus a Blue Badge - but was the other car)

But the PPC do not know that person was in the other car.

So you can truthfully say to POPLA about grace periods and attach a copy of the BB and honestly say 'a member of our party has multiple disabilities (here is a copy of their Blue Badge)...' This is NOT a point on its own as POPLA don't consider such things as a stand alone point.

It should be worded as a supporting argument to the grace periods section and the fact the car park was dark on arrival (if it was?) and the signs unlit, so none of you had any idea that diners at the restaurant including a person with severe mobility problems (explain more to POPLA - wheelchair user? slow at walking back to the car - you DO NOT have to say which car...) were being held to any time limit and in fact you believed a BB user had 3 hours as no other contract terms were visible (if true).

The above is not lying, it's using the facts among the people with you. Never mind which car they were in. You are not lying by not saying.

BeachLlama

Hello, I finally, after several attempts, managed to get a response from the land mangement company:




Thank you for your email.

Britannia is rightfully operating under their agreement with the former managing agents. We are in discussions to renew this contract. While their activity may be damaging to the business, we are negotiating slightly easier term sin our new contract and will obviously ensure that business is not affected negatively.

Meanwhile, as I understand, there is ample signage dictating the rules/terms and fines due if in breech of said terms. If you are in breech, there is nothing that we can do to liaise with them on your behalf.




Any thoughts on how I can appeal? This is so frustrating - I would simply pay if the amount wasn't so utterly unreasonable and the demand letters feel rather harrassing.

BeachLlama

I am going to try to construct my appeal today. This is proving so stressful given that it is far from my current priorities. I'm fighting this out of principle but have become ill and so wondering if this was the wrong fight to pick.

A very helpful representative from that company confirmed that they are “no longer on contract” with Britannia and have ceased correspondence with them owing to “all the complaints” they have received about them. He also told me that have "since served [Britannia] notice that [KMP] will not be renewing the contract and that they should begin decommissioning the site for the incoming parking firm".

This contrasts with the mealy response that I've received from a representative of Britannia:



"Britannia is rightfully operating under their agreement with the former managing agents. We are in discussions to renew this contract. While their activity may be damaging to the business, we are negotiating slightly easier term sin our new contract and will obviously ensure that business is not affected negatively."


Have they the right to operate under an agreement with a company who are not the managing agents? Its sad to see that they are now discussing with Britannia despite what they'd said previously.


So, I'm going to shove all I have in a response, it won't be a beautiful as notaskyofearth's. If rejected, my hope is to be able to settle with a reduced charge - is that a possibility? As I said before, I'd have paid up if it hadn't been so extortionate.

Fruitcake

BeachLlama wrote: »

I am going to try to construct my appeal today. This is proving so stressful given that it is far from my current priorities. I'm fighting this out of principle but have become ill and so wondering if this was the wrong fight to pick.

This contrasts with the mealy response that I've received from a representative of Britannia:



"Britannia is rightfully operating under their agreement with the former managing agents."

So they admit they do not have a contract with the current MA. Quote that in your PoPLA appeal and attach a copy with that sentence highlighted.

Also use the information from notaskyofearth as well, highlighting that not only is there a new MA, but a new landowner.

This along with Not the landowner and No standing (contract with the landowner) to issue charges should be top of your appeal.

Complain to the BPA and DVLA as well that the scammers are operating without a contract with either the landowner or MA.

Also complain to your MP, the MP where the alleged event occurred, as well as local and national press about this unregulated scam. Highlight the lack of contract with all of them.

This is a scam. It is no different to putting up signs on a your private property without your permission and then demanding money with menaces.

MistyZ

Recent POPLA success at this car park, exactly the same overstay:

https://forums.moneysavingexpert.com/discussion/5975753/portswood-centre-britannia-and-land-management&page=2#topofpage

Sorry things are so difficult for you right now. There won't be a reduced charge if you lose but don't think in terms of losing, Britannia are skating on very thin ice. They want to sow as much doubt as they can, this is a business model based on bullying.

Post you POPLA appeal here. You'll get expert opinions and I know I will read it minutely & do my best to comment constructively. Feel like I've got a dog in the fight!

The_Deep

Two hours is, imo, insufficient time to complete a meal, especially if one orders a paella which needs to be cooked from scratch. Why not mention the charge on the restaurant's Facebook page?

Have you read this? Service providers are required to allow "reasonable adjustments" to cater for the "protected characteristics" of disabled people.

tps://www.gov.uk/guidance/equality-act-2010-guidance

If they were to take this to court you could counter-claim against the PPC for disabled discrimination. The MA could be included in the counter claim. It is obviously a scam so complain to your MP

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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. ,

BeachLlama

Thank you all. I have spent the morning reading online documents and am going to head to that car park now to scritnse signage one more time.



The reason I am not currently appealing to my MP is that I am currently preparing to meet her on grounds of the long-term health of my child and thousands of other children, which for me takes priority (and energy). This relates to transport issues and so would be massively clouded by talking about parking. Similarly, I don't want to trouble the disabled friend about their BB because they have other more important issues (and the other driver caved into Britannia's bullying).



I will post my final draft here a little later today. Thank you so much for your support.

Fruitcake

BeachLlama wrote: »

Thank you all. I have spent the morning reading online documents and am going to head to that car park now to scritnse signage one more time.



The reason I am not currently appealing to my MP is that I am currently preparing to meet her on grounds of the long-term health of my child and thousands of other children, which for me takes priority (and energy). This relates to transport issues and so would be massively clouded by talking about parking. Similarly, I don't want to trouble the disabled friend about their BB because they have other more important issues (and the other driver caved into Britannia's bullying).



I will post my final draft here a little later today. Thank you so much for your support.

Agreed, that is more important at the moment, but as MistyZ has said, you will get all the help you need to beat these scammers at PoPLA.

If the MP for the place where the alleged event is different to yours, you can still highlight it to them. This is bordering on criminal activity in my opinion.

BeachLlama

Thank you all. I've drafted a 5 page response. Thank you especially notaskyofearth, whose work I have heavy sampled from.


I've left things in here that I'm doubtful of because your feedback would be very welcome.


Hopefully, you can view it here: we.tl/t-ylBFFcYTV4

BeachLlama

that wierd code at the end is me getting around newbie restrictions. It needs the usual https-colon-stroke-stroke prefix :-)