Hi All,
1. My vehicle received a PCN - Pls see attached.
2. I appealed to PPS as follows:
"""Dear Private Parking Solutions (London) LTD (PPS),
I am the registered keeper of this vehicle and dealing with this matter as such.
I would kindly ask you to please consider my appeal to this PCN on the following grounds:
(a). On the day of this event, when the driver parked at this location, parked directly next to them was a uniformed security operative, in a marked vehicle, who was patrolling Royal Victoria Docks. The driver asked the operative to clarify the parking rules at this location. The operative told the driver that parking restrictions were not being applied on that day due to there being no operative at work that day to monitor the parked vehicles. The operative told the driver they could therefore park in that location for as long as they wanted without fear of penalty.
(b). PPS has not adhered to / complied with the Protection of Freedom Act 2012 Schedule 4 Recovery of Unpaid Parking Charges (POFA 2012) on the following points:
- Failed to provide the Invitation To Keeper in the format prescribed by POFA 9 (2) (e)
- Failed to provide Notice to Keeper (NtK) liability as prescribed by section 9 (2) (f)
- Failed to provide the required period of parking 9 (2) (a)
As PPS's actions are not POFA 2012 compliant, PPS can't transfer liability from the driver to the registered keeper, or, worse, as in this case, threaten to extort money to which PPS has absolutely no entitlement to from the keeper.
(c). The location of this alleged contravention is a dock area. PPS have
- Failed to provide the Landowner Authority Contract between Private Parking Solutions (London) LTD and the landowner
(d). As this is a dock area, this location is covered by bylaws, whereby only the driver is liable. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the registered keeper.
(e). PPS has failed to provide the required signs to designate this as a 'red route'. Furthermore, on the photographs you provide in your PCN, there are no distinguishable 'red route lines' at this location.
(f). It is clear from your photographs that this alleged contravention occurred on a dark, wet night. Hence both road markings and parking signage would have been extremely difficult to see - as your camera evidence (un)clearly shows.
(g). The signage in the car park is of a “forbidding” nature. It is limited to vehicles displaying a valid permit only and therefore the terms cannot apply to vehicles without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.
Based on the above grounds I would be grateful if you would accept this appeal and cancel this PCN. Alternatively, please issue a POPLA code, so that I may appeal to POPLA. """"
3. PPS have denied my appeal and provided a POPLA code - Pls see attached
I would be extremely grateful if anyone could share advice on what I should write in my appeal to POPLA, please.
Thank You very much....
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