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Total Parking Solutions and Premier Solicitors Fine

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  • Total Parking Solutions and Premier Solicitors Fine

    Hello,

    I would greatly appreciate any advice on an outstanding claim.

    In short my wife paid for 2 hours parking (in a car registered to me) at Jempsons Store in Rye, controlled by Total Parking Solutions, and on returning to pay a further 2 hours, entered an incorrect registration no. and we have since received the fine, which we ignored.

    When the letter continued I replied as follows:

    'I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in
    ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,


    Daniel Johnston

    They have rejected this with the letter attached below, with photographs of the car and signs:
    [IMG]IMG_0096.JPG[/IMG]~[IMG]IMG_0094.JPG[/IMG

    Any advice?
    Tags: None

  • #2
    Re: Total Parking Solutions and Premier Solicitors Fine

    file:///C:/Users/danth/AppData/Local/Temp/Temp1_Untitled_message%20(3).zip/IMG_0094.JPG

    ~[IMG]file:///C:/Users/danth/AppData/Local/Temp/Temp1_Untitled_message%20(4).zip/IMG_0096.JPG[/IMG

    Comment


    • #3
      Re: Total Parking Solutions and Premier Solicitors Fine

      I attatch the sanitised reply:
      Attached Files
      Last edited by danthemanj; 24th March 2017, 20:17:PM.

      Comment


      • #4
        Re: Total Parking Solutions and Premier Solicitors Fine

        Did you get a popla code ? (i don't need the code itself)

        Can you sanitise and post the PCN ?

        M1

        Comment


        • #5
          Re: Total Parking Solutions and Premier Solicitors Fine

          No, I didn't get a popla code. Can you suggest a reply please?

          Comment


          • #6
            Re: Total Parking Solutions and Premier Solicitors Fine

            Dear Tw@t,

            Thank you for your letter of xxxx the content of which is noted. I note that my appeal was rejected and no popla code was sent with the rejection, a clear violation of the BPA code of practice.

            Please supply said code.

            Yours etc

            M1

            Comment


            • #7
              Re: Total Parking Solutions and Premier Solicitors Fine

              Ok, I'll try that. Here's the PCN:
              Attached Files

              Comment


              • #8
                Re: Total Parking Solutions and Premier Solicitors Fine

                When was that sent ? (or dated)

                M1

                Comment


                • #9
                  Re: Total Parking Solutions and Premier Solicitors Fine

                  18/02/16

                  Comment


                  • #10
                    Re: Total Parking Solutions and Premier Solicitors Fine

                    If you get a popla code let me know.

                    M1

                    Comment


                    • #11
                      Re: Total Parking Solutions and Premier Solicitors Fine

                      Will do. Thanks.

                      Comment


                      • #12
                        Re: Total Parking Solutions and Premier Solicitors Fine

                        Hello, Premier have replied today saying that 'the appeal period for this PCN has expired and that's why no POPLA cope was or will be issued. Please pay £90 by 4th April or Civil Court Proceedings will commence.'

                        Did I leave it too late?

                        Comment


                        • #13
                          Re: Total Parking Solutions and Premier Solicitors Fine

                          Originally posted by danthemanj View Post
                          Ok, I'll try that. Here's the PCN:
                          What was the date of this notice ?

                          M1

                          Comment


                          • #14
                            Re: Total Parking Solutions and Premier Solicitors Fine

                            Originally posted by mystery1 View Post
                            What was the date of this notice ?

                            M1
                            18/02/16

                            Comment


                            • #15
                              Re: Total Parking Solutions and Premier Solicitors Fine

                              Originally posted by danthemanj View Post
                              Hello, Premier have replied today saying that 'the appeal period for this PCN has expired and that's why no POPLA cope was or will be issued. Please pay £90 by 4th April or Civil Court Proceedings will commence.'

                              Did I leave it too late?
                              I have never come across any private parking company who will let you appeal when the notice to keeper would appear not to have arrived and the period of appeal, which the keeper never knew about, has expired.

                              You can

                              1. Pay (i wouldn't)
                              2. Ignore unless court papers or a proper letter before claim arrive. They don't like court much, yet. http://www.bmpa.eu/companydata/Total...Solutions.html
                              3. Give them a hard time on social media and see if they have a conscience.

                              M1

                              Comment

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