Regent Parking (Solution Labs) ticket for picking up passenger

stefandobra

I received a parking notice from Regent Parking (Solution Labs) for not paying for parking in QCP - Queensway Car Park W2 4RE, on 14 Oct 2021 10:48 - 10:53 period of parking 5 minutes 33 seconds, time that I was waiting for a passenger then to load the luggage and the passengers for a trip to Heathrow.  As I'm sure you've noticed I am a private hire driver and this was a booked trip thru an operator (UBER). I have a screenshot from the diver app that shows the approximate pick up location (W2 4QJ) date and time of request 14 Oct 2021 10:40 and duration of trip 45 mins and 25, as well as destination Heathrow, distance and amount I was paid. It is clear that I did not park there.

I know the image is not providing clear enough information and I am trying to get Uber to send me a more official proof, but it's like talking to a computer where I get only copy paste answers.

At the same time I have CCTV fitted but unfortunately as the parking notice only came thru post in my name in January, after it was first sent to the owner of the car (lease company) in October.

I have appealed to them by sending the photo (I can attach if needed) but they have rejected my appeal:

Dear Stefan,

Parking Charge Notice Number: 20618

Vehicle Registration Number: BJ19TCK

Location: QCP - Queensway Car Park, Queensway, London, W2 4RE

Issue Date: 14/10/2021

Parking Event: No Valid Parking Payment Found

Total Due: £60.00

Thank you for your appeal against the above Parking Charge Notice ('PCN') which has been carefully considered, however,

on this occasion,the appeal has been rejected for the reason(s) detailed below.

Your vehicle was observed as entering a site which requires a valid cashless (Tap2Park) payment session to be purchased

against your vehicle registration. Your vehicle entered at 10:48 and exited at 10:53. Within this time you had failed to

purchase parking cover against your vehicle registration. As no parking cover was purchased, this PCN was subsequently

issued. Notice of the terms and conditions of parking is served by way of numerous large warning signs, one of which is

located at the entrance to the site. Please note you can visit our website; www.paymypcn.net whereby you can review

photographs of this parking event.

Whilst we note the contents of your appeal, the land is privately-owned and the displayed terms and conditions, apply

universally, to all vehicles at all times, regardless of the reason for the driver visiting the location or how long the

vehicle is parked for. By failing to pay the parking tariff, you are in breach of these terms.

You have now reached the end of our internal appeals procedure and you now have two options (you cannot do both):

- You can pay the total amount due of £100.00 within 14 days (see reverse of letter for payment options).

- or you can appeal to the Independent Appeals Service (IAS) if you believe this decision is incorrect

In order to appeal the IAS will need your PCN number, vehicle registration and the date the charge was originally issued.

The IAS (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have

complied with our internal appeals procedure, you may use and we will engage with, the IAS Standard Appeals Service
providing you lodge an appeal to them within 21 days of this rejection.

After reading through this forum I understand that there is no point in appealing to IAS, but if someone thinks that it may be successful please let me know as I still have a week to do so.

If not the next step is court, right? I've never been to court so I am obviously very stressed and don't know where to start from. If I don't get any better evidence to support my claim do I stand a chance? I'd also like to post what happens next here so I can get any relevant advice.

Thank you.

BrownTrout

no the ""next step"" is not court with this firm (at this stage they are not known for court claims) so there is nothing to get stressed about (its just a parking ticket please put in prospective, how can you be stressed over such a small matter, how would you deal more major events in life?)
Do nothing now unless you get a claim form

Trainerman

A couple of points occur to me, though you will get a fuller answer when the real experts arrive. First, I would appeal to the trade body just to appear reasonable if it ever gets to court. It seems though that you have a defence in Jopson v Homeguard (loading is not parking). You may also have a defence based on poor signage and another on grace periods.

So take a deep breath and do your research .Court is ages away, if it ever happens

D_P_Dance

Have you read the ATA's code of practice?  What does it say about grace periods?  Have you complained to yur MP?

Coupon-mad

We do now say to try the kangaroo court of IAS because the PPCs drop 20% of cases.

Show the IAS evidence of being a private hire driver and case law about unloading not being parking (Jopson v Homeguard) and mention that the car was only actually stationary for 3 minutes unloading, which is insufficient time stopped to have read and agreed to any parking contract on their sparse signs which were not at the kerbside or near the car.  In fact no terms were seen and no parking event took place.

Don't expect to win.  If you lose, no paying.  There is no risk here.

stefandobra

BrownTrout said:

how can you be stressed over such a small matter, how would you deal more major events in life

I think I didn't make myself clear, I am stressed about the actual going into the courtroom not that much about receiving a ticket

Trainerman said:

First, I would appeal to the trade body just to appear reasonable if it ever gets to court

Coupon-mad said:

We do now say to try the kangaroo court of IAS because the PPCs drop 20% of cases.

Thanks for your suggestions, I will submit an appeal now.

D_P_Dance said:

Have you read the ATA's code of practice?  What does it say about grace periods?  Have you complained to yur MP?

The IPC code of practice states :

13.1 Motorists must be allowed a sufficient Consideration Period so they may make an informed decision as to whether or not to enter or remain on the Private Land. If a Motorist chooses to reject the opportunity by entering or remaining on the Private Land without reading terms and conditions, they may be deemed to have accepted them immediately.
13.2 Before a Parking Charge is issued Motorists must be allowed a Grace Period save and except when 13.3 is applicable. A Grace Period is a 10 minute period at the end of a Permitted Period of Parking.

I take it there is not an exact grace period only at the end of a permitted parking. I did just write an email to my MP

Coupon-mad

Yep there is no defined consideration period in the IPC CoP but surely you were only actually stationary for 2 or 3 minutes?

Got dashcam or Google maps location proof?

Evidence of the fare (cover the person's  name? Evidence of your job?

The IAS is not on your side but evidence will make a difference as well as citing the IPC CoP and stating the car was a private hire cab unloading belongings and setting down a passenger.

State that you have complained to your MP and know the Government is imminently finalising a statutory code of practice that includes a defined minimum consideration period higher than a few minutes and which you understand also looks set, its published drafts and Consultations in 2020/21, to exempt the setting down of passengers by taxis and cabs, which is clearly distinct from a parking contract where mere minutes are taken.

Oh, also add that Solution Labs using a trading style of 'Regent Parking' appears to be a questionable set up by ex-Roxburghe debt collector staff and advertises as if it is an umbrella company for new non-AOS firms.  New parking firms should never be getting DVLA data under the DVLA KADOE electronic link.  SolutionLabs present as a software and IT solutions firm (trading as a parking firm in only name, it seems, by some interested parties' interpretation) and you put them to strict proof as to who the creditor is and who issued the ticket/offered the contract in this case, because you believe it is not SolutionLabs.  State that all this has been referred to your MP.

BrownTrout

stefandobra said:

BrownTrout said:

how can you be stressed over such a small matter, how would you deal more major events in life

I think I didn't make myself clear, I am stressed about the actual going into the courtroom not that much about receiving a ticket

Trainerman said:

First, I would appeal to the trade body just to appear reasonable if it ever gets to court

Coupon-mad said:

We do now say to try the kangaroo court of IAS because the PPCs drop 20% of cases.

Thanks for your suggestions, I will submit an appeal now.

D_P_Dance said:

Have you read the ATA's code of practice?  What does it say about grace periods?  Have you complained to yur MP?

The IPC code of practice states :

13.1 Motorists must be allowed a sufficient Consideration Period so they may make an informed decision as to whether or not to enter or remain on the Private Land. If a Motorist chooses to reject the opportunity by entering or remaining on the Private Land without reading terms and conditions, they may be deemed to have accepted them immediately.
13.2 Before a Parking Charge is issued Motorists must be allowed a Grace Period save and except when 13.3 is applicable. A Grace Period is a 10 minute period at the end of a Permitted Period of Parking.

I take it there is not an exact grace period only at the end of a permitted parking. I did just write an email to my MP

As you haven't had a court claim don't stress about something that may not happen

Coupon-mad

And almost no-one physically attends hearings these days, for parking cases.

stefandobra

Coupon-mad said:

Got dashcam or Google maps location proof?

Got dashcam but the incident is from Oct 2021 so slim chances. I have a booking with the service garage to have a look at the recording (car is leased that's why i can't)

Coupon-mad said:

Evidence of the fare (cover the person's  name? Evidence of your job?

included evidence of my TfL licence of the job including invoice and statement summary from Uber

Coupon-mad said:

State that you have complained to your MP and know the Government is imminently finalising a statutory code of practice that includes a defined minimum consideration period higher than a few minutes and which you understand also looks set, its published drafts and Consultations in 2020/21, to exempt the setting down of passengers by taxis and cabs, which is clearly distinct from a parking contract where mere minutes are taken.

Oh, also add that Solution Labs using a trading style of 'Regent Parking' appears to be a questionable set up by ex-Roxburghe debt collector staff and advertises as if it is an umbrella company for new non-AOS firms.  New parking firms should never be getting DVLA data under the DVLA KADOE electronic link.  SolutionLabs present as a software and IT solutions firm (trading as a parking firm in only name, it seems, by some interested parties' interpretation) and you put them to strict proof as to who the creditor is and who issued the ticket/offered the contract in this case, because you believe it is not SolutionLabs.  State that all this has been referred to your MP.

i have written about all this, thank you so very much. I will post the claim bellow and hope it is enough.

Thank you all again. Will update on the outcome.

Appeal:

I was issued a Parking Notice in QCP - Queensway Car Park W2 4RE on the 14th of October 2021 10:53:54, for a period of 5 minutes 33 seconds as my entry time was 10:48:21. 

Firstly, as the IPC code of Practice section 13 Considerations and Grace periods on private land states at 13.1. "Motorists must be allowed a sufficient Consideration Period so they make an informed decision as to whether or not enter or remain on the Private Land" and 13.2 "Before a parking charge is issued motorists must be allowed a grace period". It does state that it is at the end of the permitted parking period but as the first paragraph states there should be a sufficient consideration period before a motorists decides to stay.

Secondly, I am a private hire driver, and on that occasion I was loading for a trip from the address in the parking notice to heathrow airport as can be seen in file uploaded img0297.png file where the request time, starting point, destination, duration of trip, total fare and my earning are visible. On the weekly Uber statement (file uber statement.pdf) the trip can be seen highlighted on page 5/7 for the time of arrival at Heathrow and my earning. The total fare value is also present in the attached invoice from Uber (trip invoice.pdf). Further proof of myself being a private hire driver were uploaded as well.  

Furthermore, according to the jopson v Homeguard law case loading is not considered parking.

In addition the car being only stationary for 3 minutes maximum, and not even in a parking bay but on the side of the building, this time is insufficient time stationary to have read and agreed to any parking contract and conditions on the sparse signs that were not near my car or at the kerbside.

Additionally, Solution Labs Ltd using a trading name of "Regent Parking" appears to be a questionable company set up by ex Roxburghe debt collector staff and advertises as if it is an umbrella company for new non-AOS firms. New parking firms should never be getting DVLA data under the DVLA KADOE electronic link. Solution Labs presents as a software and IT solutions firm (trading as a parking firm in only name, it seems, by some interested parties' interpretation) so I request strict proof as to who the creditor is and who issued the ticket and offered the contract in this case, as I believe it is not Solutions Labs.

I want to also mention that I have written to my MP (Boris Johnson) and I am also aware that the Government is imminently finalising a statutory code of practice, that includes a defined minimum consideration period, higher than a few minutes, that it also looks set to exempt setting down and picking up passengers by taxis and cabs, as published draft and consultations in 2020/2021 show.

I expect this parking notice to be cancelled immediately and look forward for the notice of cancelation. 

stefandobra

After submitting this is the response this is what I received:

What happens now?

Your appeal has been sent to the parking operator so that they can provide their account.

The Parking Operator is now provided 5 working days to upload sufficient evidence to show that you are liable for the charge.

Once they have submitted their evidence you will be able to log in and see it. You will then have 5 working days to respond in one of TWO ways:

1) SUBMIT YOUR APPEAL - You can respond to the evidence by making any representations that you consider to be relevant as to the lawfulness of the charge any by uploading any photographs or other evidence that you may have. Once you submit your response it will go back to the operator who may wish to respond or send the appeal straight to arbitration. In the case of the operator responding, you will receive another chance to respond.

- OR -

2) REFER THE CASE STRAIGHT TO ARBITRATION - If you consider that the information provided is not capable of showing that you are, on the face of it, responsible for the parking charge, then you may choose this option. WARNING, the Adjudicator will assess ONLY the evidence provided by the operator and NOTHING MORE. You will not have the opportunity of making representations and the Adjudicator will decide, on the balance of probabilities, whether you are liable for the parking charge.

You will be notified by email when you are able to proceed further.

I want to make sure that I know what I need to do next and I think I have to go with option 1 as option 2 will disregard whatever I sent in the claim.