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Private Parking Solutions at Tesco Express & ESSO petrol station Acton
GIBZY
post Thu, 14 Jun 2018 - 00:24
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Hello

Great to see the forum is still alive. A wonderful resource.

Please can anyone advise on appealing this parking charge notice.
The 14 day discount period has been missed as the keeper was away.
One can't see the vehicle reg in the photo but it may have visited this filling station when official works vehicles and metal fencing occupied the parking bays. It is apparently a very busy place with all the fuel bays full so there was nowhere else for the driver to park. Understandably they feel £100 is a bit much after putting plenty of money in the til and down the pump!

Do PPS have the authority to recover any unpaid sums from the keeper for charges incurred at this particular forecourt?

Hope there's someone out there who can help please?
Many thanks

This post has been edited by GIBZY: Wed, 20 Jun 2018 - 23:23
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post Thu, 14 Jun 2018 - 00:24
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GIBZY
post Sat, 21 Jul 2018 - 12:35
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I'm sure you're right however my reading of PoFA 6 (1)(a) is that the creditor (or a person acting for or on behalf of the creditor) should have given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8; and that under para 7(4) the notice must be given (a) before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and (b) while the vehicle is stationary, by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

I've synopsised but not that much so please enlighten me. PoFA seems quite clear that if a right is claimed under para 8 a ticket must be affixed or otherwise given before the vehicle leaves the area subject to the contract does it not?

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emsgeorge
post Sat, 21 Jul 2018 - 12:43
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Wasn't it Tesco in the news a few months ago saying they were using their staff to give out tickets, via phone app / photos, to avoid abuse from customers directly - they cant abuse the bit of paper that comes through
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ostell
post Sat, 21 Jul 2018 - 12:45
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We're sort of both right. But there is no failure if a windscreen ticket is not affixed, it's only that pars 9 should be used. Go for the no windscreen ticket, not delivered with in 14 days.
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GIBZY
post Sat, 21 Jul 2018 - 12:52
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Where did you read that emsgeorge? I'm amazed but not stupefied! However I believe it's a story from 2016 operated by Highview not PPS (London) Ltd according to the Sun.

In the event of a claim under para 8 I'm just suggesting the balance of probabilities favours my argument Ostell. The PPC operative should in fact have pulled himself/herself out of the mire of greed and corruption in which they've obviously been swimming for far too long and gotten a life BUT there's no government legislation for that which I can find.

Think I will send to Tesco just see what they come back with...

This post has been edited by GIBZY: Sat, 21 Jul 2018 - 13:05
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GIBZY
post Mon, 23 Jul 2018 - 14:59
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Weird! Due to someone other than the keeper filing the appeal the PPC think they have been given the id of the driver and are threatening debt collectors! Any responses here would be appreciated.
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nosferatu1001
post Mon, 23 Jul 2018 - 15:10
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POint out they are neither the driver nor the keeper, bad luck PPC

Yawn to debt collectors. THey have NO POWERS which you surely know?!
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GIBZY
post Mon, 23 Jul 2018 - 17:20
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Hi

Yes, obviously neither the driver of keeper. But I wasn't aware debt collectors have no power. How so please?
Thanks
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Jlc
post Mon, 23 Jul 2018 - 17:31
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Because only a court can decide there’s a debt. At the moment it’s a speculative invoice that cannot be enforced.

They can write scary letters though.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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GIBZY
post Mon, 23 Jul 2018 - 17:39
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I'm so newb
Thanks
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nosferatu1001
post Tue, 24 Jul 2018 - 07:50
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A debt collector for an unregistered debt has no powers except to write scary letters
A bailiff is a different beast altogether - if acting under bailiff powers.
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