Help - Search - Members - Calendar
Full Version: P4 Parking Charge Edinburgh June 2013
FightBack Forums > Queries > Private Parking Tickets & Clamping
elmunkee
Hi everyone! First of thank you for putting such a great site together. I'm glad I'm not the only one that has a strong dislike to the many private "parking police" companies that are out there.

Right..let me begin smile.gif

Received a parking invoice (P4Parking) towards the end of June. I was not the driver who parked the car in this specific car park (will call this driver "Bob" for anonymity sake)

Bob has used this car park before without any issues as a friend stays in the flats where the carpark is situated (the flats surround the carpark like courtyard). Please see this invoice below



I returned to my car with "Bob" after both they and our Friend met me after work (20:00 approx) and was greeted to the invoice. It was in a stereotypic yellow envelope with the usual "penalty charge notice" text.

As it was not myself that parked the car, and I believe that the driver is still held liable for this charge in Scotland( moneysavingexpert parking charge information for Scotland ), , I sent a letter to P4Parking explaining this (1st class recorded delivery). This can be seen below-



So far so good....or so I thought.

Almost 2 months after I sent this letter I receive the following letter to my current address-



and the following letter rather irritatingly to my parents address ( this is where the car is still registered too)This is the one requesting payment-



Goes to show how unorganised they truly are. As you can see from the first letter, they are having none of it and "debt collectors" is they way they want to play (letter 2). Fine by me.

Oh, you can also see the lovely hand written envelope they sent the first letter in. Its a cheap Tesco envelope as well, so no expense spared biggrin.gif



So I think my next course of action is to respond stating that all correspondances be made to my current address and my parents do not need harassed with letters meant for myself.

I would happily ignore these idle threats, but would much rather persist until some sort of resolution comes of it (although I realise this is fairly unlikley)

Here are some more pics of the car park and parking sign (which was not easily visible from where "Bob" parked the car)







The first picture shows the entrance to the car park. I had a quick look at the "debt collectors" website and under their parking appeals section TNC Parking Appeals it states-

I did not see any signs/signage/Terms & Conditions

Signs containing the relevant Terms & Conditions are located at every entrance and exit to the site.


This is not the case for this car park smile.gif

If you have any advise on how I should proceed or what I should say in my next letter then im all ears biggrin.gif

Thanks for reading my rather large first post. I look forward to everyones reponses!

Cheers
SchoolRunMum
Nice pictures of an almost total lack of signage! Have a look at the Scottish version of the BPA Code of Practice about signage, and report P4Parking for all breaches, to the BPA using the 'complain about an AOS member' (or whatever they call it) email linky on the British Parking Association's website.

And complain also to the DVLA in the strongest terms because I think they had NO reasonable cause AT ALL to get your data. Am I right that you live in Scotland, the parking event was in Scotland and you had already sent that first letter telling them you were not driving? Then they went ahead and got the data anyway (with NO CAUSE to do so?). Is your current address (DVLA address) different than the one you chose to use on that first letter? If so then I really would complain in the strongest terms that the DVLA have given out an address that the PPC had no cause to be given under these specific circumstances.

See what others say.













SORRY NO PRIVATE MESSAGES IN AUGUST BEING HANDLED DUE TO SERIOUS FAMILY ISSUE
emanresu
According to the DVLA P4Parking is a sole trader whose name is Mr M WARMINGTON. They had a "reputation" as a clamper so it is no surprise that they lack the reading skills to assimilate the CoP.

As SRM complain to the DVLA and BPA and point out that as clamping was considered extortion in Scotland - son of clamping could reasonably be considered the same.
elmunkee
Hi SchoolRunMum and Emanresu, thanks for the responses.

Yes, I live in Scotland and I sent the letter, which included my current address, informing P4Parking that I was not the driver and they still acquired my details from the DVLA.

As suggested I will complain to the DVLA and BPA and I'm also going respond to P4Parking stating that no further correspondences should be made to my previous address.

I'll keep everyone up to date on here with how I get on and any further "demands" I receive from P4Parking

Thanks again biggrin.gif
elmunkee
Hi Everyone!

Well after a month of generic demand letters to my parents address, TNC parking have finally started sending them to my current address (after 3 letters requesting this).

The latest letter from TNC parking can be shown below




This letter is worded slightly different from the rest as instead of we "May" take legal action it states legal action "will be taken" via local courts. I have read on the forums of users with similar threats that came to nothing. What does everyone think? The following probably invalidates this-

You will also notice that they are also quoting schedule 4 of the PoFA 2012 which apparently states that I am liable for the parking charge. A quick google led me to legislation.gov.uk which states -

“the appropriate national authority” means—
(a)in relation to relevant land in England, the Secretary of State; and
(b)in relation to relevant land in Wales, the Welsh Ministers;

So sorry TNC Parking.....this does not apply to a parking invoice issues in Scotland smile.gif

I have also complained to the BPA and received the following letter from them (I was impressed with the 2 day turn around on this letter)



Its great to see that they will be investigating my complaint, however I am a bit concerned regarding the section that mentions that even thought the PoFA does not apply in Scotland the operator can still pursue myself through the courts under the basis that I know the driver. Does anyone have any comments on this?

My next course of action will be to reply to TNC Collections informing them of the jurisdiction of the PoFA code and again stating that I was not the driver.

Thanks again for everyones help!
emanresu
QUOTE
Scotland the operator can still pursue myself through the courts under the basis that I know the driver. Does anyone have any comments on this?


Morons

Have a search for "Norwich Pharmacal Order". Essentially a legal device whereby they can ask if you have the information. It costs £000's to get one. Bet the BPA did not tell you that.

I would send a complaint to your local Trading Standards about harassment
kommando
QUOTE
PoFA does not apply in Scotland the operator can still pursue myself through the courts under the basis that I know the driver.


They have to know the driver hence why court cases in Scotland from PPC's are non existent.
elmunkee
Thanks for the responses guys!

@emanresu, the Norwich Pharmacal Order was an great read and interesting to see the lengths they would have to take to get me to disclose the driver smile.gif

I will keep everyone posted with updates.

Cheers!
elmunkee
Hi Guys,

Heres an update from the BPA regarding signage at the car park where the parking invoice was issued (quick turnaround by BPA). Please excuse the camera phone picture.





Even with evidence supplied they believe that there is enough signage, even though there is none at the entrance (and their code of practice states this as a requirement)

"28.2 entrance signs, located at the entrance to the car park,
must tell drivers that the car park is managed and that
there are terms and conditions which they must be
aware of"

I will get back to the BPA and ask them to justify their opinion. I will then be back in touch with any other developments.

Cheers happy.gif
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2017 Invision Power Services, Inc.