Total Parking Solutions - Parking Charge Notice

[Helen14]

I would be grateful if anyone could give me some advice please:

 

My friend went to B&Q yesterday,

parked and went next door to use cashpoint returning to B&Q to make a purchase.

 

 

When he returned to his car less than 50 minutes in total he had recd a Parking Charge Notice from TPS.

It was only then he noticed a guy in the car park photographing cars.

 

 

On the PCN they have ticked the box "The driver was observed leaving site whilst vehicle remained parked on the premises".

I've been down and had a look at signage and it clearly says that you must not leave the site whilst car is parked.

 

Is there any defence he can use not to pay the £90 / £50 charge.

 

 

Can we ask for proof that they saw him leave the car park and if htey provide photos are they allowed to photograph you without your permission;

or can we use the argument that the charge is unreasonable for the potential breach.

 

 

Any help would be very much appreciated of how we proceed

- we haven't done anything yet and my friend has a heart condition and this has really caused him so much anxiety

 

 

Thank you so much

[silverfox1961]

Hi and welcome to CAG

 

this is a private parking ticket so there will be no major problems with not paying it so long as you follow the rules.

 

As this was a window ticket you need to wait for the notice to keeper to arrive. This should happen around 29+ days after the ticket was stuck. This is so that the keeper does not identify the driver as there is no obligation to do so.

 

Then an appeal is sent to TPS who will in all likelihood reject you anyway. Why would they allow an appeal when it costs them money?

 

Once they reject your appeal, you can then go to the 'independant' appeals service and this is where you go into greater detail for the appeal. This will cost TPS more money and you, the price of the stamps.

 

This is (in my opinion) an unenforceable penalty and the only way they can try and get pennies from you is to take court action.

[armadillo71]

I would be grateful if anyone could give me some advice please:

My friend went to B&Q yesterday, parked and went next door to use cashpoint returning to B&Q to make a purchase. When he returned to his car less than 50 minutes in total he had recd a Parking Charge Notice from TPS. It was only then he noticed a guy in the car park photographing cars. On the PCN they have ticked the box "The driver was observed leaving site whilst vehicle remained parked on the premises". I've been down and had a look at signage and it clearly says that you must not leave the site whilst car is parked.

 

Is there any defence he can use not to pay the £90 / £50 charge. Can we ask for proof that they saw him leave the car park and if htey provide photos are they allowed to photograph you without your permission; or can we use the argument that the charge is unreasonable for the potential breach. Any help would be very much appreciated of how we proceed - we haven't done anything yet and my friend has a heart condition and this has really caused him so much anxiety Thank you so much

 

 

 

 

Is your friend the Registered Keeper of the vehicle?

 

 

If so then as above, wait for the Notice to Keeper in the post and update the thread with what and when they receive anything.

 

 

' observed leaving the site ' means that they have not mitigated their losses when they had the chance.

 

 

You say you have looked at the signage but only quoted one line. What does the rest say? Post up a photo of the sign.

[ericsbrother]

the reason given for the demand is poppycock, VCS v Ibbotson sees off that claim. Wait for the NTK and then appeal by quoting that case and saying that if they dont accept the law of the land then supply an appeal code for the independent body. Dont go into any detail, just say 'no breach causing loss as per VCS v Ibbotson'

[dx100uk]

I wish people would stop using the word PENALTY in relation to PRIVATE PARKING SPECULATIVE INVOICES.

 

 

dx