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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Is "Traffic Enforcement Notice" same as "Penalty" or "Fine"?


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Hi, apologies in advance if this has been flagged before but couldn't find it anywhere.

 

Received a traffic enforcement notice today from TPS (Total Parking Solutions) for an overstay at Dunelm Mill Stockport last week. Having read quite a bit online, general concensus says "Ignore, don't pay", I just need clarification that a traffic enforcement notice is the same as fines and penalties. Although they have an image of my vehicle entering their carpark and the reg also, should I just ignore the letters and follow ups from this company regardless. In their letter they state;

 

"Parking within this propertyis regulated by the contract conditions, clearly marked on signage through the site. By entering and remaining at this property the driver has agreed to be bound by these conditions. Having checked your vehicle details with the Driver & Vehicle Licensin Authority (DVLA), you were the registered owner/keeper of the vehicle at the time of the above parking contravention.

 

The Parking Charge of £100 must be paid within 14 days of the Enforcement Notice issue date. If the charge is paid within 14 days, the amount will be reduced to £50. If payment is not received within 28 days the amount will increase to £150 to cover admin costs incurred.

 

We must inform you that failure to make payment may result with the balance being passed to a debt recovery agency and court action may be initiated."

 

I appreciate any help in this matter.

 

Keep up the good work CAG

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Hello there. Someone with more knowledge than me will be along later, but I think your clue is in the name Total Parking Solutions. It isn't the local council or the police.

 

You could do a forum search here for TPS to see what's happened about what I suspect are invoices or begging letters.

 

Don't do anything until the guys arrive, please.

 

My best, HB

Illegitimi non carborundum

 

 

 

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"Traffic Enforcement Notice" = "Unenforceable invoice". They just use these fancy terms to make the meaningless threat look official. Ignore. Do not write of "appeal" to them, that way they no way of identifying the driver.

Edited by DBC
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The fact that you are having to ask the question about whether a "Traffic Enforcement Notice" is an official fine or not just shows how close to the wind these PPCs sail to try and con you into paying.

I like this bit:-

 

By entering and remaining at this property the driver has agreed to be bound by these conditions. Having checked your vehicle details with the Driver & Vehicle Licensin Authority (DVLA), you were the registered owner/keeper of the vehicle at the time of the above parking contravention.

so the driver has agreed to something, but they write to the RK? They might as well have written to their next door neighbour for all it matters! lol

 

In essence they are saying, "we think Mr A parked where he shouldn't, but we don't know where Mr A lives so we'll write to Mr B". Well that's very nice but as Mr B has nothing to do with Mr A then they may as well P* Off with their invoice. :)

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this sounds like the usual private parking companies management scenario. We have lots of information on this sub forum. There is no point in repeating it all here. I'm sure that half an hour or so reading will have you to understand the whole situation and exactly what your options are. However, the brief messages: don't worry.

 

Please post on this thread if you have any problems or there are any unusual developments.

 

What interests me very much is that you say that you have received a "traffic enforcement notice". I don't blame you for being confused by this and for wondering whether this has anything to do with "fines and penalties" as you put it.

 

All of these private parking management companies are meant to be subject to a code of practice which has been agreed by the industry and is meant to be monitored and enforced by the British Parking Association – which frankly doesn't give much of an impression that it does very much about it.

 

None of the requirements of this code is that subscribers – meaning the private parking companies – will not represent themselves in any way which gives the impression that they are public sector government organised traffic regulatory authorities.

 

To my mind, that would mean that any company which uses any kind of documentation which creates in the mind of any ordinary reasonable citizen that they have received a parking ticket or a parking notice from a local authority or from the police would breach the code.

 

This kind of impression could easily be created by any private parking company which uses, for instance, yellow and black checks around the edge of its parking tickets or on its correspondence. Or uses such devices as – contravention codes. Or uses company names or trading names which are capable of giving the impression that the company is in fact part of the transport regulatory process.

 

The document which you have received, if it is described as a "traffic enforcement notice", seems to me to be capable of getting impression to an ordinary motorist which could be in breach of the BPA code.

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Forgot to say that we'd like to see a scan of this document. Could you put one up please?

Ta

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We must inform you that failure to make payment may result with the balance being passed to a debt recovery agency and court action may be initiated.

I would also say that the image of your vehicle has been edited to show a number plate - can't tell to what vehicle it was attached to.

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"By entering and remaining at this property the driver has agreed to be bound by these conditions"

 

Yet they still send the notice to the Owner.

 

In a word "IDIOTS"

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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  • 4 weeks later...

Just to update on this post;

 

Transcript from letter;

 

Final Notice To Owner:

2Further to our notice to owner dated ****** which notified you that a charge of £100 must be paid, we hereby give notice and inform you that the charge has now been increased to £150 to cover admin costs incurred. If by 05/05/2011 07:00:06 the charged amount is not paid, or you have made no attempts to contact us, the amount will be registered as a debt and your details will be forwarded to a debt collection agency for recovery.

We must inform you that failure to make payment may result with the balance being passed to a debt recovery agency and Court action may be initiated.

 

Just to confirm, ignore this letter, do not contact them to say I was not driving? i appreciate all help and replies folks.

Also, why do the DVLA give away my details so freely as there is no official crime commited nor have they any reason to believe my vehicle has been involved in any crime.

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Ignore ignore ignore. TPS are a very easy bunch to blank.

 

Also, why do the DVLA give away my details so freely as there is no official crime commited nor have they any reason to believe my vehicle has been involved in any crime.

 

Because they make £2.50 for every request. If you see a Ferrari on the street and would like to know where it is kept so you can go and steal it, just pay £2.50 to the DVLA and they will tell you.

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Also, why do the DVLA give away my details so freely as there is no official crime commited nor have they any reason to believe my vehicle has been involved in any crime.

 

It was'nt free. The PPC paid for it.

 

Continue to ignor. You will get debt collector letters but it will just be the same company, different name. Once they realise, after 5-6 letters that your not biting they will move on to some other sucker.

 

Your in safe hands. Ignor them.

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Just to update on this post;

 

Transcript from letter;

 

Final Notice To Owner:

2Further to our notice to owner dated ****** which notified you that a charge of £100 must be paid, we hereby give notice and inform you that the charge has now been increased to £150 to cover admin costs incurred. If by 05/05/2011 07:00:06 the charged amount is not paid, or you have made no attempts to contact us, the amount will be registered as a debt and your details will be forwarded to a debt collection agency for recovery.

We must inform you that failure to make payment may result with the balance being passed to a debt recovery agency and Court action may be initiated.

 

Just to confirm, ignore this letter, do not contact them to say I was not driving? i appreciate all help and replies folks.

Also, why do the DVLA give away my details so freely as there is no official crime commited nor have they any reason to believe my vehicle has been involved in any crime.

 

so you have to pay by six seconds past 7am bwahahahaha

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Dare I suggest that this CAG parking board needs a sticky link to this info on what letters to expect:

 

http://forums.moneysavingexpert.com/showthread.php?t=2214803

 

Read up on the TPS letter-chain now, fij_ni, this could have been provided earlier and stopped you from worrying if it were readily available over here on this forum.

 

I was criticised for linking this once before but it's the most useful info for the OP to know which letters will come next! So I make no apologies for posting a link that CAG, with the greatest respect to a top forum, appears to lack (even the other forum starting with P has this link).

 

And have you seen the Watchdog youtube link? I can't find that on CAG stickies either?

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