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Parked in Tesco on Double Yellow Lines
bm_99
post Wed, 3 Apr 2019 - 17:35
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Evening all, stupidly parked in our local tesco express where they recently put double yellow lines and now has got a parking notice via PPS

Anything we can appeal or just ignore as per the advice?

Cheers, all

This post has been edited by bm_99: Wed, 3 Apr 2019 - 20:01
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post Wed, 3 Apr 2019 - 17:35
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bm_99
post Wed, 10 Apr 2019 - 15:02
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sorry ostell, glad we got there in the end.

Before the company used to own the vehicles and i just used to get 1 allocated to me now theyve gone a another leasing company as everyone does to save money but for me thats another person to contact for any info for things like this

in this instance is the main owner / registered keeper of the van a?, the company that got the pcn 1st ??

And is my company the leasing company and or hirer and the driver for them is whoever is in control of the vehicle at the time?

This post has been edited by bm_99: Thu, 11 Apr 2019 - 08:26
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ManxRed
post Wed, 10 Apr 2019 - 15:15
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The idea on here is to not reveal the driver.

Arval is the Registered Keeper.

They have named you/your company as The Hirer.

The driver is 'the driver'

Edit your posts accordingly, they do read these forums.



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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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ostell
post Thu, 11 Apr 2019 - 07:00
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Edit post #21 about who could have been the driver.

Yes Arval are the registered keeper and it looks like you have been named as the keeper. So that letter I suggested is in response to the letter that came addressed to you.

Youo have 4 identities, all possibly legally different:
Registered keeper - The person/company that the DVLA know about
Keeper - the person in day to day control of the vehicle, you
Hirer - the person that hired the vehicle. Possibly you or your company
Driver the person that drove at the time. We don't wish to know the details on here.
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bm_99
post Thu, 11 Apr 2019 - 08:15
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i know mate trying to keep as little names as poss, if i missed any plz let me know
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ManxRed
post Thu, 11 Apr 2019 - 08:22
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QUOTE (bm_99 @ Thu, 11 Apr 2019 - 09:15) *
...if i missed any plz let me know


Yes, the last sentence of post #21.


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bm_99
post Thu, 11 Apr 2019 - 08:28
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think ive edited all that needs to be guys, cheers for the help

will get that letter sorted and emailed over to them or go through there website as an appeal if thats alright?
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bm_99
post Thu, 11 Apr 2019 - 22:12
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Sent them an email to their appeals address as ostell wrote so will keep you guys informed

thanks for the help people
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bm_99
post Mon, 22 Apr 2019 - 17:27
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so people got a email from pps saying the following:

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, 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



Pay by telephone: 24h payment line: 0844 304 0102
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ostell
post Mon, 22 Apr 2019 - 18:12
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You could write back to them and say that you agree with their statement about POFA ut as they have not complied then they cannot hold you liable. Any more communication will be harrassment.
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Redivi
post Mon, 22 Apr 2019 - 19:36
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Who is PPS writing to ?

My understanding is that you can only harass an individual, not a company
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bm_99
post Mon, 22 Apr 2019 - 21:58
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QUOTE (ostell @ Mon, 22 Apr 2019 - 19:12) *
You could write back to them and say that you agree with their statement about POFA ut as they have not complied then they cannot hold you liable. Any more communication will be harrassment.


Should i say anything more than that mate?

@ Redivi - PPS is writing to me mate as 'the driver'
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ostell
post Tue, 23 Apr 2019 - 07:59
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But you are the keeper as far as this legislation is concerned.

Yes just a simple one liner
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bm_99
post Wed, 1 May 2019 - 22:05
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Ok people update time, so got the following in the post

I havent had any update from them since i replied to their email as above, plus it doesnt even look like they have offically rejected my appeal as i cant even pay at the reduced amount



Any ideas now plz, thanks
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ostell
post Thu, 2 May 2019 - 08:51
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So This is still a hire car and they are still writing to the keeper.

A quick email/letter pointing them to your email of the xxxxxx date showing that you have no liability on the matter. Their continued writing to you is approaching harassment and you suggest that they look at Ferguson v British Gas to see the consequences of continuing their actions.
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Redivi
post Thu, 2 May 2019 - 08:59
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The OP will be in a much stronger position if he can say he wasn't the driver

I blame Arval for this fiasco
It had no reason to provide any information other than the identity of the hirer, even if there was only one driver listed on the hire form

I don't see why it shouldn't be inconvenienced itself with a complaint to the BVRLA
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bm_99
post Thu, 2 May 2019 - 20:22
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still dont fully understand the legalities of owner, hire, keeper or driver lol. Sorry to sound so stupid7

Presumably when pps put the reg in the system arval came up as the owner which i guess is true, they then told me this is what we have recived (straight to me not the company, so i guess i am the keeper and driver).
PPS then wrote to me, but as i stated they did not acknowlsdge or reject the appeal formally i dont think as i didnt get a letter stating denied like the council normally do, is it different for private?

Can i not appeal directly to the appeal authority like patas? Would that not be better
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ostell
post Thu, 2 May 2019 - 20:46
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As far as Arval is concerned you are the hirer and the keeper. They do not know the identity of the driver at the time, they were not there.

The appeal for private parking is , in thus instance, POPLA. When they reject your appeal you will get a number to allow you to appeal to POPLA.

PATAS is not involved with private oarking

This post has been edited by ostell: Thu, 2 May 2019 - 20:48
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