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Parking Charges for Parking in Disabled Bay - PPS (London) Ltd

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ziran
ziran Posts: 22 Forumite
Ninth Anniversary 10 Posts Combo Breaker
edited 29 August 2023 at 2:05PM in Parking tickets, fines & parking
Hello,
          Last week I had a doctors appointment for one of my twins aged 3 at the local Bushey  medical centre. I arrived about 20 minutes early and as I was driving in realized sensed that the parking was full and you could see cars parked outside on the road and also on the double yellow lines inside the medical centre. I could see a person merrily clicking photos on his mobile of the various cars parked I waited for 15 minutes and  could not see a vacant one. Then I saw a car come out of a parking bay and I thought got lucky and parked .  However as I parked thought there was something amiss as there were several cars waiting . Was already frazzled with the whining of one of them twins, and thinking it was a quick appointment (blood test for one of the twins), went to the reception . When i went there realized there was no appointment and that i had come to the wrong centre  and it was another one around 10 minutes drive away. As I rushed out to the car, saw that guy calmly taking photo of my car's license plate . Realized i had parked in the disabled bay . I told the person lamely ' I am back' and he said 'sure'.  Today I received a parking charge for 100 GBP (with 60 GBP if paid within 14 days offer) from PPS London ltd for `Parking in Disabled Bay without clearly displaying a  valid disabled  badge`. I think i maybe on thin ice but wondering is there a chance I can contest keeping in mind that managing  2  .. 3 year old whilst they are getting increasing restless , searching a parking in a overflowing parking space does not make me disabled but some consideration needs to be given for the circumstances.
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Comments

  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Did you realise at the time you were parking your car that you were in a disabled bay? If you did, and you had no valid reason to park in one, then you have little to go on. If it was not obvious that you were parking in a disabled bay, then you have poor signage to go on.

    Have you complained to the landowner as part of your Plan A as explained in the Newbies/FAQ thread? If you don't get anywhere with that, you could as your MP to get involved. Plan B would be to appeal to the PPC but it is highly doubtful you'd get far with that.
  • Coupon-mad
    Coupon-mad Posts: 152,467 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 August 2023 at 9:31PM
    Obviously you don't pay it. Please read the NEWBIES FAQS sticky thread, top of the forum. You don't need a link. There are 2 links back to page one on every forum thread page.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ziran
    ziran Posts: 22 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    B789 said:
    Did you realise at the time you were parking your car that you were in a disabled bay? If you did, and you had no valid reason to park in one, then you have little to go on. If it was not obvious that you were parking in a disabled bay, then you have poor signage to go on.

    Have you complained to the landowner as part of your Plan A as explained in the Newbies/FAQ thread? If you don't get anywhere with that, you could as your MP to get involved. Plan B would be to appeal to the PPC but it is highly doubtful you'd get far with that.
    Hi,   Thanks for the options provided. I  did not realize in my hurry that I was parked in a disabled bay.  In hindsight the signage seems obvious from the photographs provided but at that moment it was very chaotic with cars around and the twins crying.   I did complain to the landowner i.e the NHS surgery but they completely washed their hands away and asked me to contact the PPS as they have been contracted to look into all such parking matters. 

    Didn't get the chance to involve the MP. Not sure how to go about it.

    Also I have received a notice now  titled  Outstanding Parking Charge Notice(PCN)  which states that the  the above PCN has still not been paid nor have you advised our client that you were not the keeper nor driver . Also the time to appear has now passed . As a consequence of this we invoke  our right to recover all payments due as if you were the driver under Schedule 4 of POFA 2012. 

    Pls let me know your thoughts 
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Also I have received a notice now  titled  Outstanding Parking Charge Notice(PCN)  which states that the  the above PCN has still not been paid nor have you advised our client that you were not the keeper nor driver . Also the time to appear has now passed . As a consequence of this we invoke  our right to recover all payments due as if you were the driver under Schedule 4 of POFA 2012. 
    Who has sent you this?  In one breath they seem to be acting on behalf of another party, in the next breath they talk of 'their right to recover'?
    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
  • Le_Kirk
    Le_Kirk Posts: 24,652 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    ziran said:
    Hi,   Thanks for the options provided. I  did not realize in my hurry that I was parked in a disabled bay.  In hindsight the signage seems obvious from the photographs provided but at that moment it was very chaotic with cars around and the twins crying.   I did complain to the landowner i.e the NHS surgery but they completely washed their hands away and asked me to contact the PPS as they have been contracted to look into all such parking matters. 
    You should refer the surgery to their own princi[les by pointing them at  https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles where it states: -

    Contracted-out car parking

    NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.

  • ziran
    ziran Posts: 22 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    Umkomaas said:
    Also I have received a notice now  titled  Outstanding Parking Charge Notice(PCN)  which states that the  the above PCN has still not been paid nor have you advised our client that you were not the keeper nor driver . Also the time to appear has now passed . As a consequence of this we invoke  our right to recover all payments due as if you were the driver under Schedule 4 of POFA 2012. 
    Who has sent you this?  In one breath they seem to be acting on behalf of another party, in the next breath they talk of 'their right to recover'?
    It has been sent by TNC  Collections.

    The  letter says .

    Our Client : Private Parking Solutions London Ltd
    PCN Number: XXXXXXXX
    Account Ref : XXXXXXXX
    Total Due : £ 170.00 

                                              
      
      Outstanding Parking Charge Notice (PCN)
      
    Dear X   

    The above PCN has still not been paid nor have you advised our client that you were not the keeper nor driver of the vehicle on the above date. ALSO THE TIME TO APPEAL HAS NOW PASSED.

    As a consequence of this we invoke our right to recover all payments due as if you were the driver under Schedule 4 of POFA 2012. THEREFORE PAYMENT OF THE TOTAL DUE AS SHOWN ABOVE SHOULD NOW BE PAID DIRECTLY TO TNC.

    See overleaf on how to pay 

    Failure to ACT TODAY by contacting TNC to make payment will result in TNC seeking approval from our client for passing your account for further action

    The PCN issued by our client to you has followed a number of legal principles including:

    It was issued under the guiding principles of contract law as signs at the location offered the 'parking contract and by remaining the motorist accepted these terms which were breached and a PCN was issued.

    The PCN followed the requirements of Schedule 4 of the Protection of Freedoms Act.

    The charge amount is in line with the findings of the Supreme Court decision in the landmark Parking Eye vs Beavis case.

    Our client has followed all aspects of the British Parking Association Code of Practice.

    The Information Commissioner and the DVLA each operate a complaints procedure to use if you believe your data has been inappropriately supplied to us. Information on how to complain can be found on the ICO and DVLA websites.

    To settle call our COLLECTIONS CENTRE on 01242 214 645 or visit www.tncgroupservices.com using the below details. Debt XXXXXXXX Full Name XXXXXXXXX

    Yours sincerely,

    X  X  TNC Collections
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Failure to ACT TODAY by contacting TNC to make payment will result in TNC seeking approval from our client for passing your account for further action
    Well isn't that scary!  Ignore them, come back if you receive a Letter Of/Before Claim from solicitors representing PPS (that won't be TNC) or a County Court Claim. 
    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
  • Coupon-mad
    Coupon-mad Posts: 152,467 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 November 2023 at 4:05PM
    Same advice as here:

    https://forums.moneysavingexpert.com/discussion/comment/80399545#Comment_80399545

    You've surely read the fourth post of the NEWBIES thread already? No help needed to ignore debt demands. I explained where the advice thread is, back at the end of August.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ziran
    ziran Posts: 22 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    Umkomaas said:
    Failure to ACT TODAY by contacting TNC to make payment will result in TNC seeking approval from our client for passing your account for further action
    Well isn't that scary!  Ignore them, come back if you receive a Letter Of/Before Claim from solicitors representing PPS (that won't be TNC) or a County Court Claim. 
    Thanks for that . I have got a letter from TNC Collections with the title Notice of intention to instruct solicitors to commence legal action at your local county court. I guess i should ignore until I recieve a Letter Of/Before Claim from solicitors representing PPS or a County Court Claim. One thing I am slightly concerned is that I am out of the country for a few week around Christmas and was wondering if i receive the letter during that period. Would I need to respond immediately upon receiving it ?.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The last thing TNC will want is for this to go to court as they will have failed to collect their fee from their no win no fee contract, ignore this.
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