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PPS Ltd Battle! Help Needed!

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  • #16
    Re: PPS Ltd Battle! Help Needed!

    pics [MENTION=5553]charitynjw[/MENTION] (got them [MENTION=103971]Frustrateddotcom[/MENTION] xx)
    Attached Files
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

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    • #17
      Re: PPS Ltd Battle! Help Needed!

      True. Although the signage is probably irrelevant in this situation as parking was paid for by the driver and the issue is that they've claimed they've issued a PCN and taken an image of the PCN on the car but it was never seen by the driver who went back and forth to the car all weekend. They have provided images of the pcn affixed to car .. which was clearly removed but have not provided evidence of there not being a ticket in the car (which there was) the photos don't clearly show that.

      Originally posted by charitynjw View Post
      Problem with Google Maps is that the images can be several years old & they don't always go right into the parking site, so you can't get a close-up of signage.
      - - - Updated - - -

      Thanks honey x
      Originally posted by Kati View Post
      pics @charitynjw (got them @Frustrateddotcom xx)

      Comment


      • #18
        Re: PPS Ltd Battle! Help Needed!

        Originally posted by Frustrateddotcom View Post
        Thanks honey x
        no problem sweetie (it's what I'm here for) xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #19
          Re: PPS Ltd Battle! Help Needed!

          Hi

          The site signage is always important, as it forms the basis of the contract between the driver & the parking co., and the states liability for any breach.
          It is therefore potentially subject to challenge.
          For instance, the photos look as though they are taken after sundown.
          If so, were the signs illuminated at the time of the alleged contravention?

          Btw, what is the date of issue on the original postal Notice to Keeper? I can't quite see it.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #20
            Re: PPS Ltd Battle! Help Needed!

            The original Notice to Keeper was sent on 20th April 2017.
            My issue is that there was not a PCN attached to the car at all and they've sent images to say that there was. It was dark when those photos were taken, in my opinion they provide no proof that there wasn't a parking ticket in the car, it's not clear enough or close enough to show the entirety of the dashboard? Of which there was a ticket.. and tickets there ALL WEEKEND. So they've got me bent over the barrel and it's very distressing.
            I've been in touch with someone via email at BMPA, the guys who have the insight pages for the PPCs and they think that PPS tend to go after people in court who do get in contact with them etc so its best to only contact them if you get solicitors/court papers from them.
            I really don't want to put myself through that but I outrightly refuse to pay them something that is not rightfully owed.
            Have you had a chance to look at my letter draft?
            I am in two minds due to differing opinions whether to send them another letter.. I'm wondering if it would stand me in worse or better stead in court, should they pursue a claim.
            Ah, i'm so fed up but I refuse to give in and just give away £100 to those crooks who are not owed it in the slightest!

            Comment


            • #21
              Re: PPS Ltd Battle! Help Needed!

              Morning lovely,
              Have you had a chance to look through my letter in your inbox?
              I'm really in two minds what to do and I know I shouldn't be letting it bother me but it's really stressing me out!
              Thanks!

              Originally posted by charitynjw View Post
              Hi

              The site signage is always important, as it forms the basis of the contract between the driver & the parking co., and the states liability for any breach.
              It is therefore potentially subject to challenge.
              For instance, the photos look as though they are taken after sundown.
              If so, were the signs illuminated at the time of the alleged contravention?

              Btw, what is the date of issue on the original postal Notice to Keeper? I can't quite see it.

              Comment


              • #22
                Re: PPS Ltd Battle! Help Needed!

                Hi

                Just a thought.
                Atm it is your word against theirs that there was no windscreen ticket, & they apparently have photo evidence.
                But if you had a witness/witnesses who were prepared to swear on their nuts* that there was no PCN attached to the vehicle when you paid for your ticket/permit, that may help with your argument.
                I don't know if there were any such witnesses, of course..............

                *https://www.psychologytoday.com/blog...-word-testicle
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #23
                  Re: PPS Ltd Battle! Help Needed!

                  They only have photo evidence of there being a PCN attached at SOME POINT but not clear photo evidence that there was no ticket displayed.
                  There is a witness who can swear this, in fact two witnesses. A friend who was meeting driver and boyfriend who spent the weekend with the driver as the driver was visiting the boyfriend who was working, as works for Royal Navy and was up in Plymouth for a few weeks.
                  Do they just give written statements? They don't need to be present in actual court or?

                  Originally posted by charitynjw View Post
                  Hi

                  Just a thought.
                  Atm it is your word against theirs that there was no windscreen ticket, & they apparently have photo evidence.
                  But if you had a witness/witnesses who were prepared to swear on their nuts* that there was no PCN attached to the vehicle when you paid for your ticket/permit, that may help with your argument.
                  I don't know if there were any such witnesses, of course..............

                  *https://www.psychologytoday.com/blog...-word-testicle
                  - - - Updated - - -

                  The most reliable witness however, the boyfriend, is about to depart on a 9 month deployment.. back at Christmas for 2 weeks only.
                  There's got to be something that can be used to defend against these bullying crooks!

                  Comment


                  • #24
                    Re: PPS Ltd Battle! Help Needed!

                    Written Witness Statements with a signed statement of truth should suffice.
                    http://legalbeagles.info/forums/show...ness-Statement
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #25
                      Re: PPS Ltd Battle! Help Needed!

                      That's a great template.
                      However aren't they witness statements for the defendent? Namely in this case, me..
                      Are you allowed other people to give witness statements for Parking Charge court cases?

                      Originally posted by charitynjw View Post
                      Written Witness Statements with a signed statement of truth should suffice.
                      http://legalbeagles.info/forums/show...ness-Statement

                      Comment


                      • #26
                        Re: PPS Ltd Battle! Help Needed!

                        Witness statement.
                        A statement made by a witness to the event, or someone who has knowledge of it.
                        https://www.justice.gov.uk/courts/pr...es/part32#32.2
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #27
                          Re: PPS Ltd Battle! Help Needed!

                          Great, OK. Thanks!

                          Comment


                          • #28
                            Re: PPS Ltd Battle! Help Needed!

                            What you can also say is that, however it occurred, the absence of the notice to driver disadvantaged you, as registered keeper, in that you were unaware of the issuing of a windscreen Notice to Driver & therefore
                            a) didn't realise that you might need contemporaneous evidence.
                            b) were denied the opportunity of engaging in the trade association appeals process.
                            Last edited by charitynjw; 24th August 2017, 11:02:AM.
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #29
                              Re: PPS Ltd Battle! Help Needed!

                              Re the DPA counterclaim.

                              The Blamires case was a complex one involving Equality Act discrimination as well as the accuracy & retention (or in this case, lack of it) of data, some of which was sensitive.
                              http://legalbeagles.info/forums/show...light=blamires

                              The Bury parking case.....imho the fact that the claimant parking co failed to turn up at the hearing probably influenced the DPA c/claim. It was certainly a factor in the award for costs due to unreasonable behaviour.

                              All they really need is 'reasonable cause' to obtain data from the DVLA database, that data being the details of the registered keeper.
                              I'm not suggesting that a DPA counterclaim is not possible; I just think (& it is only my opinion) that you would need to show that they didn't have reasonable cause to begin with, &/or that they continued using the data when they clearly knew they should not do so.

                              Also, I believe that both cited cases are County Court ones; persuasive perhaps, but not binding.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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