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PPS ... invoice?
J4G3D
post Fri, 19 Oct 2018 - 19:22
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Hi again wonderful people of the forum.

My good friend has received a invoice from a company called PPS for the sum of £60.

They claim that the car was not parked in a bay at a tesco express car park at 5.32pm on a Sunday.

The car actually wasn't parked in a bay, but it was parked in a position that did not block anyone.

Anyway, is this another invoice from a private company?

Should I tell my friend to ignore it or can he send the bellow letter which I sent to the parking eye a few months ago (with success)

I am appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party. The PCN makes no attempt to pass liability to the keeper after 28 days. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured.

There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person. As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4.

This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA Assessor Carly Law found: ''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind, the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received. After considering the evidence, I am unable to confirm that the appellant is in fact the driver. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge. As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''
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post Fri, 19 Oct 2018 - 19:22
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Redivi
post Mon, 5 Nov 2018 - 09:09
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Is that really the approved MSE template ?

It looks more like a rant with empty threats
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J4G3D
post Fri, 9 Nov 2018 - 11:35
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I have sent the template appeal, as per instruction, only inputting the PCN number and nothing else. But immediately we've receive this reply:

AUTO RESPONSE


Dear Sender,


Thank you for your Email.


Private Parking Solutions (London) LTD appeal procedure is offered to drivers and Registered keepers the chance to appeal an issued Parking Charge Notice.

IMPORTANT – Please read and ensure that you have included all the information below or your email cannot be registered and responded to.

If you are appealing a Parking Charge Notice (PCN) and it is at an appeal stage it will now be put on hold until a response is sent, provided we have the following information:
· PCN number and/or vehicle registration
· Title, first name and last name for the driver
· Full postal address with post code for the driver

If you have not provided the above, please resend your email and include any missing information (if your PCN was sent by post, we will already have your name/address).

Please do not email again (unless you are supplying further information/evidence) as this delays our response times.

A response will be sent to you within 35 days from the date that the appeal was received.

We will, however, endeavour to respond to your appeal within 14 days but this may not always be possible.

If you have not received a response to your appeal after 35 days then please contact us to check the status of your appeal 01895 713136


Please note that any correspondence and decisions from the Appeals Department will be in writing and may be emailed or posted using the contact details you have provided.

If your PCN is paid then the case is considered to be closed and any correspondence received may remain unanswered.

If you are not making an appeal, please contact the office on 01895 713136 for any other queries between Monday to Friday, 9 am to 6 pm.

Please see further information related to your parking ticket on our website: www.paypps.co.uk


Let me inform you due to strict audits procedures we are unable to accept or deal with verbal appeals.

How to pay your PCN:
Pay Online: www.paypps.co.uk
Pay by telephone: 24h payment line: 0844 304 0102



Thank you for your patience.


This post has been edited by J4G3D: Fri, 9 Nov 2018 - 11:35
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Redivi
post Fri, 9 Nov 2018 - 12:21
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A crafty attempt to obtain the name of the driver

In case it isn't obvious, don't reply
Wait for the rejection notice

This post has been edited by Redivi: Fri, 9 Nov 2018 - 23:21
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SchoolRunMum
post Fri, 9 Nov 2018 - 22:24
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QUOTE
only inputting the PCN number and nothing else.


Errm say what? Tell us you did put in the keeper's name and address like it clearly tells you to do, under the template letter on MSE?


QUOTE
Is that really the approved MSE template ?

It looks more like a rant with empty threats

LOL, yes it is. Still works in the usual way and sees off some BPA members just because they recognise it. Someone must have annoyed me that day I wrote that version...
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J4G3D
post Tue, 13 Nov 2018 - 13:16
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QUOTE (SchoolRunMum @ Fri, 9 Nov 2018 - 23:24) *
QUOTE
only inputting the PCN number and nothing else.


Errm say what? Tell us you did put in the keeper's name and address like it clearly tells you to do, under the template letter on MSE?


QUOTE
Is that really the approved MSE template ?

It looks more like a rant with empty threats

LOL, yes it is. Still works in the usual way and sees off some BPA members just because they recognise it. Someone must have annoyed me that day I wrote that version...


We did not do that, but since they've already contacted DVLA and sent the letter to the registered keeper. Why would one need to input that again on the appeal? They already know it.
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nosferatu1001
post Wed, 14 Nov 2018 - 08:26
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So you didnt follow the dead simple instructions?
Gah

Because without that detali, they dont have to consider this an appeal, becasue they have no indication it is from anyone in a position to appeal.

The instrucitons are there for a reason.
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J4G3D
post Thu, 15 Nov 2018 - 12:00
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QUOTE (nosferatu1001 @ Wed, 14 Nov 2018 - 09:26) *
So you didnt follow the dead simple instructions?
Gah

Because without that detali, they dont have to consider this an appeal, becasue they have no indication it is from anyone in a position to appeal.

The instrucitons are there for a reason.


Clearly I can't. Neither can my friend.

Anyway, ive just had a proper read of the auto response email and it states the following:

(IF YOUR PCN WAS SENT TO YOU IN THE POST, WE WILL ALREADY HAVE YOUR NAME/ADDRESS)

Which is the common sense I used when I advised my friend not to put his name and address.

Perhaps you could check to see if the MSE information stated this or not?
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nosferatu1001
post Thu, 15 Nov 2018 - 13:45
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The MSE info tells you to jus tput your name and address in, in old, just below the appeal. Its difficult to miss, unless its skim read.
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J4G3D
post Thu, 15 Nov 2018 - 14:37
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So they've replied to the appeal with the following:



Dear Mr xxxxxxxxxxxxxxxx

Thank you for your email.

BPA Code of Practice explains that when a vehicle is parked in a private car park, the normal rule is that the DRIVER is responsible for paying the tariff fee (if any) for parking, for following the terms and conditions which apply, and for paying any parking charges.
If you wish to give the details about the driver (name and current address for postal service) we will transfer the liability for the PCN, otherwise we will be able to pursue the registered keeper under Schedule 4 of the POFA act 2012.
Please, find attached photographic evidence regarding PCN 910862XXX.

Please, see further information related to this parking ticket on our website: www.paypps.co.uk

Let me inform you due to strict audits procedures we are unable to accept or deal with appeals verbally.

How to pay this PCN:

Pay Online: www.paypps.co.uk
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ostell
post Thu, 15 Nov 2018 - 15:00
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Remind them that they can only pursue the keeper if they have actually complied with the requirements of POFA.
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SchoolRunMum
post Fri, 16 Nov 2018 - 20:05
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And ask for your POPLA code and remind them that the keeper's name and address is xxxxxxxxx (to avoid them using the excuse that they didn't know for sure, who the appellant was).
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J4G3D
post Sat, 17 Nov 2018 - 00:21
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Thank you ostell and SchoolRunMum,

I guess I will get my friend to knock up a quick reply with this information in.

This parking company doesn't seem to be as easy as previous cases i've had to bypass. But he is willing to pursue this as far as possible, Purely on the basis that the car park used was such a wide open car park with lots of unmarked bays which could easily be classed as bays! Also the fact he uses this tesco almost daily.

Do you think its possible to involve tesco on this? my friends wife works for them, and he also, when available, picks her up from the local stores. Surely tesco do not want to cause such problems for their customers and staff? I mean, if my friend did block anyone or parked in a poor location which could cause accidents or issues, I could fully understand the ticket. But if you street view this car park or check the pictures uploaded, you'll see its just bizarre why there aren't some extra bays marked here. And thats saying something for this country where almost every car park is usually crammed with spaces so much so that in some cases you can't even open your door to get in and out without tapping the vehicle next to you.
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