Parking Solutions 24 - please help, POPLA |
Parking Solutions 24 - please help, POPLA |
Fri, 23 Mar 2018 - 18:22
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#1
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New Member Group: Members Posts: 7 Joined: 8 Dec 2017 Member No.: 95,468 |
Hello
I got a PCN on my window for failing to display a ticket from Parking Solutions 24. I had purchased a ticket - it had blown from the dashboard on to the passenger's seat - that was still valid at the time of the PCN being issued. I stupidly appealed without doing my research under the illusion that because I had a ticket they would just accept the appeal (obviously i'm naive and assumed good will still existed!). I submitted a copy of the ticket, clearly valid at the time of their issuing a PCN, as evidence that I had paid. They have rejected this appeal stating that it is the responsibility of the driver to ensure the ticket is displayed and this is, therefore, a breach of their contract. This means I have also stupidly, inadvertently, admitted to being the driver because I did not wait for them to issue a NTK and instead responded to the windscreen ticket. On paymypcn they have issued clear photos of the vehicle, stamped with time/date, without the ticket on the dashboard. They have also included an image of a sign on site which reads in capital letters 'VEHICLES DISPLAYED A VALID PAY AND DISPLAY TICKET WHILST IN A DESIGNATED BAY" And in smaller type - "If you park on this land contravening the above terms and conditions the driver is contractually agreeing to pay a parking charge in the sum of £100. Reduced to £60 is paid within 14 days. Further costs will be applied as detailed on the Parking Charge Notice. Non payment will increase to a max of £135 plus additional charges for collection. If unpaid the vehicle keeper details may be requested from the DVLA." And then in capitals "DO NOT PARK HERE UNLESS YOU AGREE TO THE CONTRACTUAL CHARGE" Is there anything I can do now as a POPLA appeal and still win? I had paid so there's been no loss of earnings but from research now it seems that this no longer stands up as an argument? The signage from their photo appears to have been adequate (I did know it was a pay and display car park as I park there often for work, and i had paid, it had just blown off the dashboard as i closed the door and I didn't realise). Can I make it complicated for them by asking for contracts with the landowner etc? Does anyone know of a similar case they could point me towards? Any example POPLA appeals I could look at that would be relevant? Thanks so much. Further to the above post, please see below my draft letter to POPLA. Would appreciate any feedback --> " To whom it may concern, Re: Parking Charge Reference No.: Vehicle Registration: POPLA Appeal Number: I received a PCN on my windscreen from Parking Solutions 24 on DATE. I appealed this, as a genuine customer who had purchased a ticket, and received notification on DATE that my appeal had been rejected. They provided me with the above POPLA number to appeal to you. The basis of my appeal is on the following grounds: 1) The PCN issued on DATE states the reason as being "6. NO P&D TICKET" (see attached image no.1). This is incorrect as a ticket had been purchased and was still valid at the time the PCN was issued (see attached image no. 2). 2) Parking Solutions 24 have provided an image of one example of their signage but without showing proof that this is signage from the site in question and also without showing where this signage was situated in relation to the vehicle in question. For this appeal, I put this operator to strict proof of where the car was parked and (from photos taken in the same lighting conditions) how the signs appeared on that date, at that time, from the angle of the driver's perspective. 3) The term outlined on the signage simply states: "Vehicles displayed a valid pay and display ticket whilst in a designated bay". The terms do not state where this ticket should be displayed within the vehicle. Therefore, whilst the images provided by Parking Solutions 24 show no ticket displayed on the dashboard, they do not provide full coverage of all visible material surfaces within the vehicle and therefore cannot be used to provide evidence that a valid ticket was not clearly displayed. As stated in my appeal to Parking Solutions 24, the ticket had blown from the dashboard on to the passenger seat of the vehicle at the moment of closing the door. However, as the vehicle has clear glass windows to the front, the parking attendant could easily still have seen the ticket on display. (see attached image no. 3 that shows it is possible to clearly see through the clear glass in the front windows of the vehicles). Further to this, in their letter providing notification of the rejection of the appeal, the operator states: "by failing to ensure that the Pay and Display ticket was correctly on display, you have breached the terms and conditions of parking". Yet nowhere in their terms and conditions of parking do they outline what would be the 'correct' way to display the ticket. Therefore that the ticket was displayed, clearly, on the passenger's seat suggests that such terms and conditions were, in fact, met. 4) There is no evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice. I put Parking Solutions 24 to strict proof of the contract terms with the actual landowner of this site (not a lessee or agent). Parking Solutions 24 have no legal status to enforce this charge because their is no assignment of rights to pursue PCNS in the courts in their own name nor standing to form contracts with drivers themselves. They do not own this car park and appear to have a bare licence to put signs up and 'ticket' vehicles on site, merely acting as agents. No evidence has been supplied lawfully showing that Parking Solutions 24 are entitled to pursue these charges in their own right. I require Parking Solutions 24 to provide a full copy of the contemporaneous, signed and dated, unredacted contract with the landowner. I say that an contract is not compliant wtih the requirements set out in the BPA Code of Practice and does not allow them to charge and issue proceedings for this sum for the alleged contravention in this car park. In order to refute this, it will not be sufficient for Parking Solutions 24 to merely provide a site agreement or witness statement, as these do not show sufficient detail (such as the restrictions, charges and revenue sharing arrangements agreed with a landowner) and may well be signed by a non-landholder such as another agent. In order to comply wtih paragraph 7 of the BPA Code of Practice, a non-landowner private parking company must have a specifically -worded contract with the landowner, not merely an 'agreement' with a non-landholder managing agent - otherwise there is no authority. Paragraph 7 of the BPA CoP defines the mandatory requirements and I put this operator to strict proof of full compliance: “7.2 If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken. 7.3 The written authorisation must also set out: a, the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b, any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c, any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d, who has the responsibility for putting up and maintaining signs e, the definition of the services provided by each party to the agreement” I thank you for your time in considering this appeal and look forward to hearing from you. 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Fri, 23 Mar 2018 - 18:22
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Fri, 23 Mar 2018 - 21:50
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Do the signs specify where the tickets should be displayed?
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Sat, 24 Mar 2018 - 13:59
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#3
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New Member Group: Members Posts: 7 Joined: 8 Dec 2017 Member No.: 95,468 |
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Sat, 24 Mar 2018 - 14:08
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#4
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
There's you answer then. Could the ticket still be seen?
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Sat, 24 Mar 2018 - 18:03
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#5
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New Member Group: Members Posts: 7 Joined: 8 Dec 2017 Member No.: 95,468 |
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Sat, 24 Mar 2018 - 18:38
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#6
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
I would throw in that PS24 have provided tickets that are not fit for purpose
It is obvious that tickets placed on a dashboard are likely to be blown over or off the dashboard during typical March weather in (town) If it is a requirement that the tickets must remain visible after the vehicle is left, they should have been a heavier weight paper or self-adhesive The Operator should have also checked the seats and floor before issuing the parking notice If the ticket has a serial number on the back that could be checked against payment machine records, say so Edit : Just noticed you've already posted the letter Wondered what facetious meant - my wife was accusing me of yesterday This post has been edited by Redivi: Sat, 24 Mar 2018 - 18:39 |
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