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PPC situation

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24

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  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    It seems to me that you are at the LBC stage , have done the SAR and are awaiting a SAR reply from Premier Park and a Claim form pack from the CCBC in Northampton !

    So yes , start drafting your defence based on the defence template post by coupon mad , adapting paragraphs 2 and 3 !

    The time for research and evidence gathering is in this impasse stage
  • 1505grandad
    1505grandad Posts: 3,787 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Can you confirm the ppc is Premier Parking Solutions  -  a member of the IPC so no POPLA involved.
  • ss123
    ss123 Posts: 23 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    @1505grandad - thanks yes that appears to be the case. Also a member of the BPA. The assertion is that there is a discrepancy in the VRN entered in PDT - no evidence provided / think it’s a faulty machine / no proof provided yet. I understand BPA has updated its guidance to say it’s members should not pursue minor VRN errors (due presumably to the scale of errors with PDTs) Thanks 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Premier Parking Solutions Ltd are members of the IPC's Accredited Operator Scheme.
    They are not an Approved Operator of the BPA and are therefore not bound by the terms of the BPA's Code of Practice. 
  • ss123
    ss123 Posts: 23 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    KeithP said:
    Premier Parking Solutions Ltd are members of the IPC's Accredited Operator Scheme.
    They are not an Approved Operator of the BPA and are therefore not bound by the terms of the BPA's Code of Practice. 
    @KeithP - thanks however PPC sent pictures to me of the car park Ts & Cs - which are extensive and do include the BPA logo - is that misrepresentation?

     
  • Umkomaas
    Umkomaas Posts: 43,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ss123 said:
    KeithP said:
    Premier Parking Solutions Ltd are members of the IPC's Accredited Operator Scheme.
    They are not an Approved Operator of the BPA and are therefore not bound by the terms of the BPA's Code of Practice. 
    @KeithP - thanks however PPC sent pictures to me of the car park Ts & Cs - which are extensive and do include the BPA logo - is that misrepresentation?
    Is the logo in a rectangle shape, or a roundel (circular shape)?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • ss123
    ss123 Posts: 23 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    Umkomaas said:
    ss123 said:
    KeithP said:
    Premier Parking Solutions Ltd are members of the IPC's Accredited Operator Scheme.
    They are not an Approved Operator of the BPA and are therefore not bound by the terms of the BPA's Code of Practice. 
    @KeithP - thanks however PPC sent pictures to me of the car park Ts & Cs - which are extensive and do include the BPA logo - is that misrepresentation?
    Is the logo in a rectangle shape, or a roundel (circular shape)?
    @U@Umkomaas - thanks for query - It is rectangular 
  • Umkomaas
    Umkomaas Posts: 43,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ss123 said:
    Umkomaas said:
    ss123 said:
    KeithP said:
    Premier Parking Solutions Ltd are members of the IPC's Accredited Operator Scheme.
    They are not an Approved Operator of the BPA and are therefore not bound by the terms of the BPA's Code of Practice. 
    @KeithP - thanks however PPC sent pictures to me of the car park Ts & Cs - which are extensive and do include the BPA logo - is that misrepresentation?
    Is the logo in a rectangle shape, or a roundel (circular shape)?
    @U@Umkomaas - thanks for query - It is rectangular 
    That means they are corporate members of the BPA - receive newsletters, invites to conferences etc, but gives them no access to the DVLA database. It's the roundel that indicates their membership of that particular Approved/Accredited Operator Scheme, and access to the DVLA database. No doubt their roundel shows the IPC as the ATA.

    The roundel spells danger in private parking!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    3 letters received from BWL: 1st - £60 added - BWL debt recovery (is that legal)

    Yeas, but it is not lawful, read this and complain to your MP

    They have added what appears to be an extra unlawful amount for debt collection. This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and your MP,

    Excel v Wilkinson

    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.
    https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V%20Excel%20v%20Wilkinson.pdf?dl=0
    However, VCS appealed this so it may not apply in all cases, read this
    https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this
    https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

    Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

    https://www.sra.org.uk/consumers/problems/


    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Most parking companies are corporate members of the BPA , so the rectangle is expected , you have misinterpreted it and come to an incorrect conclusion. It's correctly represented , so definitely not misrepresentation. This has been chewed over hundreds of times on here and the newbies FAQ sticky thread has links to explanations ! It's no Biggie , nothing to see , move along 🤔🤔😋😋
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