PCN from Parking and Security Solutions Ltd - EW

Charlmil11

Please go easy (I know you’ve probably heard it all before).

I’ve only just come across the help threads and there newbie notes but worried I may have dug myself a hole.

I received a windscreen pcn at a retail park I was shopping in for parking in a disabled bay without displaying a blue badge. The space was unclearly marked, with the white paint on the ground on adjoining bays all scraped off; it just so happened to be that the bay I was in had “freshly painted” disabled icon on the floor. I emailed my appeal instantly, fighting that it wasn’t clear, along with no signage at the bays to say they were disabled (seemed odd to have a single disabled bay where the others had all had the paint removed). It went to POPLA stage where i again already appealed and have received my final unsuccessful result.

The company is Parking and Security Solutions Ltd - EW member of BPA, but received email from ZZPS demanding the payment of £100. (This doesn’t even equate their losses?! Considering I spent £60 in their retail shops).

Their email ends with “it will go to a debt collector if it doesn’t get paid in 28 days”.

I have already admitted to being the driver, and also said that their lack of (meaning there are none) parent and child spaces also directed me to a larger space (again didn’t realise it was disabled).

They uploaded a photo of my car in the bay and you can see the disabled logo on the ground. I sent back photos of the bays next to it with the paint scraped off. POPLA said, although it’s unclear as they were not clear, the bay I am in is clear. (It’s annoying, one space to the right and I would have been fine then?!)

What do I do next? As I don’t know if I can win this case now?

Thanks everyone

Quentin

Nothing to do now except wait and see if they take legal action against you

See #4 in the newbies FAQ thread near the top of the forum for advice on the debt collectors stage you are now in

Ignore everything except a lbcca or court correspondence

If it comes to that then come back to the FAQ at that time for advice on how to defend a court claim

beamerguy

The company is Parking and Security Solutions Ltd - EW member of BPA, but received email from ZZPS demanding the payment of £100. (This doesn’t even equate their losses?! Considering I spent £60 in their retail shops).

Their email ends with “it will go to a debt collector if it doesn’t get paid in 28 days”.

BUT ZZPS are so called debt collectors and because they are timewasting money scammers, you take no notice of their rubbish
They suffer badly from verbal diarrhoea

https://forums.moneysavingexpert.com/discussion/5859454/debt-collectors-drp-zzps-what-they-dont-want-you-to-know&highlight=debt+collectors+drp

Complain to the shops you spent money with showing receipts and get them to cancel.
It will also be the landowner who can cancel as they are allowing a scam in their car park

The_Deep

Let it go to court, if the signs were as obscure as you say, I am sure that a judge will find for you. Also, consider complaining to your MP as nine times out of ten these tickets are scams. Does the shopping centre have a Facebook page? If so write bad stuff on it.

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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

Charlmil11

So why are the debt collectors emailing me and involved already? Does the cost increase if it goes to court? I.e. they claim their court costs back + the debt collector fee?

What’s the likelyhood of court action?

The_Deep

So why are the debt collectors emailing me and involved already?

Because they want your money.

Does the cost increase if it goes to court?

They will almost certainly ask for monies to which they have no entitlement, you are not dealing with John Lewis. There will also be £75 - £100 court/legal fees if you lose.

What is the likelyhood of court action?

It is anyone's guess, they have six years to make a claim.

Quentin

They can and do use debt collectors as soon as they want to.

Have you read up on this in the FAQ??

No-one can predict whether or not they will go to court in any particular case

Charlmil11

But if i lose at court, will the judge order the £100 + court fees + debt collector fees?

Quentin

Again no-one can exactly predict what a loss in court will cost.

But work on a ball park £175.

Remember though if you win you can claim your allowed expenses for attending court

Charlmil11

So is it in any way a breach of Data Protection passing my details on with no prior warning. Also doesn’t this constitute as harassment as again I was given no warning of it being passed to ZZPS. My “contract” is with Parking and Security Solutions Ltd - EW, not ZZPS?

Charlmil11

Update:

I received this email... what do I do next?

Dear Mr,

We have been made aware of your claims made of “harassment” following your parking charge notice for parking in a disabled bay with no disabled badge displayed.

I have reviewed the images and it is abundantly clear that the space you are in is a disabled space – infact the markings on that bay were repainted less than 1 month prior to your parking event and are perfectly clear. You confirm you parked as the other bays at that end of the park were full and this is not sufficient justification to park in the disabled bay.

ZZPS T/a iPaymypcn.net act as our service provide for software to issue parking charge notices, subsequent notices and process appeals and payments on our behalf. Notices on site make it clear that:
“When on site we will capture your details including vehicle registration mark, via ANPR, CCTV or parking wardens in order to enforce parking terms and conditions. Where the terms have not been complied with, your personal data may be collected, processed, shared and retained in order to enforce the parking contract and for legitimate interest with the following:
The DVLA in order to pursue a parking charge notice
Third Parties for appeals and enforcement…”
As such you will note that the sharing of data is confirmed at the time of parking and we now have both a contractual obligation and legitimate interest in processing the data.

POPLA have also resided over the matter and as an Alternative Dispute Resolution (ADR) services as recognised by the court system we are content the charge is issued correctly. You have expressed a requirement for ZZPS to not contact you and if you wish to maintain this position I am happy to refer the matter directly to our solicitors upon expiration of the 28 day grace period with the view to taking immediate court action. I must point out that court action will incur significant costs should a judgement be obtained.

You are still entitled to make payment of the £100 should you wish but in the absence of payment or a reply the case will progress as normal to ZZPS for debt recovery. There is, as by your own admission, a contractual relationship between us and we will seek to recover the sum owed to us.

Andre Smith