Total Parking Solutions PCN - Blue Badge

Rhys14

Good afternoon,

My partner (and one of her friends) has received a PCN from Total Parking Solutions for their vehicles being parked at her university without paying (a couple of times but only received 1x notice each so far). The parking charges have recently been introduced and it was free to park up until recently. She and a couple friends car-share throughout the week and take turns driving and one of them has a blue badge.

The signs state "No concessions for blue badge holders" which was taken as no payment needed. Either we are very stupid for not knowing what that meant, or it's very deliberately written in a misleading way as a money maker. (We now know payment is still required for blue bade holders).

The university website states parking is free for blue badge holders, and their cars have been added to the system so they are now exempt from paying (blue badge holder always present)

Whats the first step to get this cancelled? Should she email the university and ask them to intervene and cancel them? Can she state who was driving?

I've attached photos of the PCN and sign in the car park.

Thanks

https://ibb.co/b7nd9jd
https://ibb.co/ZTtSrxB
https://ibb.co/C7vBtc0

nopcns

Whilst the NtK says they are relying on PoFA to hold the keeper liable if the drivers identity is not provided, it is not compliant with the strict requirements of PoFA. Namely, it fails Schedule 4, paragraphs 9(2)(e)(i) and also 9(2)(f).

Under no circumstances should the keeper reveal the identity of the driver. TPS have no idea who the driver is and because the NtK fails the strict requirements of PoFA, they cannot transfer liability from the driver to the keeper.

However, Plan A is always the best and easiest way to get these cancelled. Without revealing who was actually driving (whether it was the keeper or not), the keeper should contact the university and ask that they get these PCNs cancelled. Should there be any pushback from the university, a polite reminder that they are jointly and severally liable for the actions of their agents and they may want to explain who is the organ grinder and who is the monkey in their contractual relationship with their agent.

You have until 11th April to submit a Plan B appeal to TPS. The appeal in blue in the Newbies/FAQ thread is the basis for this appeal but not before you have tried and exhausted Plan A. However, I would suggest a slightly better form of wording. It is highly likely that TPS will not uphold an appeal under any circumstances and in which case, they are obliged to issue a PIOPLA code for a Plan C appeal where this is more likely to be cancelled.

Coupon-mad

The signs state "No concessions for blue badge holders" which was taken as no payment needed.

I don't understand why a driver would take it to mean that, though? The words "no concessions" is clear in its meaning and there's only one meaning.  Not that I'm on TPS side, but that word is not ambiguous.

Anyway they should try plan A first.  Then Plan B as above.  Certainly no paying.

Rhys14

Thank you for your replies.

Coupon-mad - in all honesty I thought (and a few others) it was a fancy word for “no charge” but I stand corrected.

nopcns - She has contacted the university who basically said she needs to provide proof about what the student information desk said about free parking which she can’t do because it was an in person conversation from earlier in the year. If she can provide proof then they can cancel the charge.

They also informed her that although their vehicles have been added to the exempt list, they will be removed on Wednesday because the person who processed it has done it wrong and not followed correct procedure. I think the drivers are just going to pay because there’s no faith in their system and what they are doing it’s not worth the hassle.

I’m sure this makes things more difficult but she’s informed me she has already sent an appeal to TPS stating basically the signs says free parking [no concession] and proof of the blue badge. She didn’t state who was driving but I’m guessing she’s used up her appeal for this PCN because obviously that will be rejected.

She’s expecting 2 more PCN as her vehicle entered that car park 2 more times since without paying before receiving this PCN. 

Fruitcake

The keeper should await the inevitable rejection, then appeal to PoPLA using all the points available to them from the third post of the NEWBIES, plus a point about the Equality Act 2010 and making reasonable adjustments. Making a disabled person with protected characteristics do something that an able bodied person is not required to do is discrimination, a breach of the EA 2010, and a criminal offence. 

Get photos of the site and signage in readiness for the appeal. Check to see if the information about free parking for disabled motorists is on the signs or only on the uni website. In any case, a sign saying there are no concessions for disabled motorists contradicts statements made that parking is free for disabled motorists. It's also an unfair contract term for the parking company's terms to be more arduous than the landowner's, which is a breach of the CRA 2015.

Coupon-mad

No-one here pays TPS.  What makes the keeper think they have to?  It's an invoice.

Rhys14

Hello again!

We have received the inevitable rejection of our appeal a couple of days ago as follows:

Re: Parking Charge Number xxxxxxx (Vehicle: xxxxxx)
POPLA Verification Code xxxxxxxxxx
Site: University of Bedfordshire - Bedford Campus
Issue date: 14/03/2024
Thank you for your correspondence, the contents of which have been noted.
The Terms and Conditions of parking at this location are clearly displayed at the entrance and
throughout the car park. It is the vehicle driver responsibility to ensure that when parking on private
property they do so in accordance with the Terms and Conditions in force at the particular location. The
vehicle in question was observed by our Automatic Number Plate Recognition System for: No Payment,
which was in contravention of the car parks Terms and Conditions of use.
Unfortunately, after careful consideration your representation has been declined. It follows therefore,
that the Parking Charge was correctly issued and the discounted amount of £40.00 remains
outstanding.
Please be advised that this location is for permit holders and pay to park, parking tariffs apply to blue
badge holders.
As we have no record of a permit or a payment for the vehicle in question we believe the charge was
correctly issued.
You have now reached the end of our internal appeals procedure. Please choose ONE of the following
options;
1. Pay the Parking Charge within 14 days at the prevailing price of £40.00 by 23/04/2024. Please note
after this date, the full charge will be due at £70.00 and must be paid by 07/05/2024. Payment can be
made online by visiting www.totalparking.co.uk/payment or via our 24 hour telephone line 01536
680107. Payment can also be made by post to TPS UK, PO Box 7135, Kettering, NN16 6BP.
OR
2. Make an appeal to the Independent Appeals Service (POPLA) within 28 days (by the 07/05/2024) by
visiting www.popla.co.uk and use the following verification Code xxxxxxxxxx to submit your appeal.

Please be advised that if you choose to have independent arbitration of your case, and your appeal is
declined, then the Parking Charge will be due at the full amount of £70.00
If you choose to do nothing, we will seek to recover the amount due via our debt recovery process,
where additional costs may be incurred.
By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/)
provides an alternative dispute resolution service that would be competent to deal with your appeal.
However, we have not chosen to participate in their alternative dispute resolution service. As such
should you wish to appeal then you must do so to POPLA, details on how to are explained above.

Yours sincerely,

I'm a little lost as to what to do next exactly. I've looked at post #3 on the newbies thread and there is a hell of a lot of information there. Most talk about ParkingEye and other common parking firms but none related to TPS.

Can someone direct me to what to do next please?

Thanks

Coupon-mad

Yes - either ignore them or try a POPLA appeal as shown.  Then ignore them.

Rhys14

I’m guessing your advice to ignore them is specific to TPS as generally I’ve read not to ignore them?

A POPLA appeal put together from various others in the newbies thread?

Coupon-mad

Standard advice.  Not specific to TPS.

Try POPLA only if you have a reason that POPLA like (learn from recent POPLA DECISIONS, and obviously read that thread from the end, newest first). If you lose, ignore any PPC unless they try court.

This is normal, tried & tested advice.