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  • FIRST POST
    • velour
    • By velour 25th Apr 19, 9:06 AM
    • 7Posts
    • 3Thanks
    velour
    Ticket for parking in disabled bay
    • #1
    • 25th Apr 19, 9:06 AM
    Ticket for parking in disabled bay 25th Apr 19 at 9:06 AM
    Hi all,

    I'm looking for a bit of advice on appealing a ticket from March this year. My car was parked in a disabled bay outside an office building following advice from the receptionist as the main car park was full. On returning the driver found a ticket on the windscreen from PPS (Private Parking Solutions London).
    The driver spoke to the office manager a few days later who denied the driver would have been given this advice and refused to do anything so they waited 25 days and appealed the ticket via email to PPS. The driver has now received the email rejected, rejection letter and I have received the notice to owner.
    Not sure what the next step is - the appeal rejection has a POPLA code so is that the right way forward? Do I have much chance given the denial by the centre manager?

    Many thanks for any advice
    Last edited by velour; 25-04-2019 at 10:38 AM.
Page 2
    • Coupon-mad
    • By Coupon-mad 16th May 19, 8:23 PM
    • 72,089 Posts
    • 84,434 Thanks
    Coupon-mad
    Both are - the terms is defined in the EHRC CoP, page 24:

    https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf
    Use of the terms ‘service provider’, ‘services’ and ‘service user’
    1.23 As explained above, the Act imposes duties on service providers and those exercising public functions (under Part 3) and on associations (under Part 7).

    The term ‘service provider’ is used in this Code to refer to all legal persons with responsibilities under these parts of the Act. The term ‘services’ includes goods and facilities and refers to all relevant activities carried out by ‘service providers’. Similarly, the term ‘service user’ refers to people who are users of these ‘services’: for example, customers of services, users of facilities, consumers or purchasers of goods, people who benefit from or are subject to public functions; and people who are members, associates and guests of associations. People who attempt to or want to use a service, benefit from a public function or join an association may also be ‘service users’, even if they cannot actually use the ‘service’ because of discrimination.


    PPCs are at pains to say they can offer a contract regardless of not owning the land (selling Buckingham Palace argument) and can make contracts with drivers directly that have nothing to do with said landowner.

    So, they are certainly trading with drivers as the 'principal' (they argue this all the time) and are the 'service provider' here. It would be different if we were talking about cleaners, for example.

    The difference being a cleaner doesn't claim to be 'the principal' making contracts with people!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Guys Dad
    • By Guys Dad 17th May 19, 6:10 AM
    • 10,832 Posts
    • 10,292 Thanks
    Guys Dad
    The layout, maintenance, desired usage etc are all rovided by the landowner. In other words, painting the ground disabed signs on the bays for disabled, making these spaces larger than normal and choosing where these are falls to the landowner.

    The PPC has no responsibility for this. They may advise on matters, but can successfully argue this point, particularly if their contracts, many of which have been seen, define their limits of responsibility.
    • Coupon-mad
    • By Coupon-mad 17th May 19, 11:08 AM
    • 72,089 Posts
    • 84,434 Thanks
    Coupon-mad
    But because they are the principal in the 'contract' and put up the signs/rules and retain the right to sue the person, THEY are the service provider, same as the landowner is by painting the tarmac.

    The PPC provide consideration (the space). They make the offer, not the landowner.

    There is absolutely no doubt in my mind, both are service providers.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Guys Dad
    • By Guys Dad 17th May 19, 9:19 PM
    • 10,832 Posts
    • 10,292 Thanks
    Guys Dad
    But because they are the principal in the 'contract' and put up the signs/rules and retain the right to sue the person, THEY are the service provider, same as the landowner is by painting the tarmac.

    The PPC provide consideration (the space). They make the offer, not the landowner.

    There is absolutely no doubt in my mind, both are service providers.
    Originally posted by Coupon-mad
    We will have to agree to differ.
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