TPS - Charge Notice

[gaterguts]

Hi All

 

Hopefully looking for some advice with a Charge Notice from Total Parking Solutions Ltd.

 

I parked in a car park on 16.01.13 which I was unaware was monitored.

 

Received a 'Charge Notice' today informing me that in accordance with the Terms and Conditions 'prominently' displayed and agreed to when I parked my car that I now owe £70.....although they will accept £45 if I pay within 14 days.

 

There's a paragraph about 'Protection of Freedoms act 2012' - not sure how relevant this is as I'm in sunny Scotland.

 

What's the best way to deal with this?

 

I'm inclined not to pay because I think the charge levied is arbitrary, I didn't knowingly enter into a contract with TPS and I only became aware of the signage in the car park today when I drove there to confirm the details in the letter.

 

Thanks

 

Martin

[havinastella]

You can safely ignore!

[gaterguts]

Hi

 

I've read some other threads and they would suggest that advice....is that for all of the UK?

 

Martin

[havinastella]

Hi

 

I've read some other threads and they would suggest that advice....is that for all of the UK?

 

Martin

 

 

Yes

[gaterguts]

Excellent....I can look forward to lots of progressively nastier letters and threats of legal action..... #moreenjoyablethancrappysoapoperas

 

Thanks for your advice.

 

I'll keep this thread posted.......

 

Cheers

[Crocdoc]

Hi All

 

Hopefully looking for some advice with a Charge Notice from Total Parking Solutions Ltd.

 

I parked in a car park on 16.01.13 which I was unaware was monitored.

Received a 'Charge Notice' today informing me that in accordance with the Terms and Conditions 'prominently' displayed and agreed to when I parked my car that I now owe £70.....although they will accept £45 if I pay within 14 days.

 

There's a paragraph about 'Protection of Freedoms act 2012' - not sure how relevant this is as I'm in sunny Scotland.

 

What's the best way to deal with this?

 

I'm inclined not to pay because I think the charge levied is arbitrary, I didn't knowingly enter into a contract with TPS and I only became aware of the signage in the car park today when I drove there to confirm the details in the letter.

 

Thanks

 

Martin

 

The section relating to the Protection of Freedoms Act does not apply in Scotland in any case, furthermore the owner of a vehicle is under no obligation to name the driver. My local CAB respond to these companies quoting a written statement to a Scottish Local Authority from the BPA.

 

Quote

1) It is a fundamental part of contract law that a contract is formed between person A and person B (the operator and the driver) and with a few exceptions (the law of agency being one), person C (the keeper) has no part in the formation of that contract and so cannot be held liable.

 

Please note the above applies to Scotland Only as the Protection of Freedoms Act allows the PPC to pursue the owner in Engalnd and Wales in certain circumstamces.

Edited January 30, 2013 by Crocdoc

[dw190]

 

Please note the above applies to Scotland Only as the Protection of Freedoms Act allows the PPC to pursue the owner in Engalnd and Wales in certain circumstamces.

 

You sure?

 

I thought it was the Registered Keeper.

[Crocdoc]

They will send the initial invoice to the owner, however in Scotland the the Protection of Freedoms act does not apply and they are then dependent on the RK naming the driver and there is no obligation to do.

 

Received this information from a contact in my local CAB who is very much into this issue.

 

The registered keeper//owner of a vehicle is under no obligation whatsoever to provide details of the driver or any other information to a commercial company of no legal status of any description. (Scottish Jurisdiction)

 

Liability for payment could only be determined by a Sherriff under Scottish Civil Law and such demands should not be confused in any way with Penalty Charge Notices issued under the terms of a Road Traffic Order.

.

[Tasha2012]

Hi

 

Looking for some advice myself I parked last year in December in a staff parking space/1 hour drop off when I came out I had received a ticket saying that I was parked without a permit however I was ticketed within 10mins of being there but realistically I had an hour?! I ignored it and now I am appealing but they are sending mail to my dad jo use to have the car but is mine now even though I have them I have told them all my contact details another letter has again gone to my dad and said he he doesn't pay £100 it will go to court I'm really worried but I know I shouldn't have to pay for somewhere I was allowed to be advice would be much appreciated

[havinastella]

Hi

 

Looking for some advice myself I parked last year in December in a staff parking space/1 hour drop off when I came out I had received a ticket saying that I was parked without a permit however I was ticketed within 10mins of being there but realistically I had an hour?! I ignored it and now I am appealing but they are sending mail to my dad jo use to have the car but is mine now even though I have them I have told them all my contact details another letter has again gone to my dad and said he he doesn't pay £100 it will go to court I'm really worried but I know I shouldn't have to pay for somewhere I was allowed to be advice would be much appreciated

 

Who are the letters from?

[Tasha2012]

Who are the letters from?

 

They are from total parking solutions

[havinastella]

They are from total parking solutions

 

Then you can safely ignore them. Should (Never happen) you receive court papers, post back here.