TPS ANPR PCN 19th May 2023 - Watu, Hornchurch, RM12 4UN

[JEDIKNIGHTS]

For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 

Please answer the following questions.

 

1 Date of the infringement 19^th May 2023

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 26^th May 2023
 

[scan up BOTH SIDES as ONE PDF- follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'s

 

3 Date received 2^nd June 2023
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Y
 

5 Is there any photographic evidence of the event? Y
 

6 Have you appealed? [Y/N?] post up your appeal] N
 

Have you had a response? [Y/N?] post it up N/A
 

7 Who is the parking company? Total Parking Solutions

 

8. Where exactly [carpark name and town] Watu, Hornchurch, RM12 4UN
 

For either option, does it say which appeals body they operate under.

BPA
 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

 

 

I have received 2 parking charge notices from TPS (Total Parking Solutions) as the owner of the vehicle but was not the driver on both occasions this thread relates to the 19^th May 2023. 

The private car park is for 3 businesses: Anytime Fitness, Wetherspoons (JJ Moons) and Coral betting shop. 

The driver was visiting Wetherspoons. 

2 hours of free parking is provided for customers of the 3 businesses, but you are required to enter the car registration, which is a recent requirement. It hasn't been required for over 15 years. 

The driver did not enter the car registration as the electronic pad was situated in the corner of the bar with no signage. 

I have discussed with the Wetherspoon venue and been advised that the car park is not part of the lease and is provided as a courtesy. However, having an electronic pad on the premises to captured customer information suggests Wetherspoons could be able to cancel the PCNs. 

Attached is the PCN, pictures of the car park signage, photos from the entrance of the Wetherspoons and location of the electronic pad and the receipt from Wetherspoons. 

My intention is to not respond to the PCNs requesting the driver’s details. 

Can I ask for confirmation this is the correct decision please? Also, that TPS do not have grounds to take this to court.

TPS 19 May 2023.pdf

[dx100uk]

eh?

Parking Charge Notice: received as owner not driver

you mean registered keeper ...

speculative invoices are always sent to the registered keeper details they attain for a £1.60 fee from the DVLA. they don't know and should never be told who was actually driving.

as for court.. who knows

await if/when a letter of claim ever comes

[lookinforinfo]

The PCN is not compliant with the protection of Freedoms Act 2012. The main reason is that it should have included an option for the keeper to pay the charge or provide the name and address of the driver. Missing out that piece means they have not observed the requirements of the Act so they cannot transfer the charge from the driver to the keeper. 

That is why we advise not to appeal since if the keeper is also the driver they may reveal in their appeal that they were the dricer. 

For instance instead of saying  I did not see the signs saying permit holders only you should say  the driver  did not see the signs....

So now TPS are in this position. They should know unless they are total numpties that their PCN is non compliant. Therefore they cannot pursue you as the keeper. The Courts [if it gets that far] do not accept that the keeper and the driver are the same person so TPS have to prove beyond reasonable doubt that they are the same person. Difficult if you don't tell them. 

In any case because it is a permit holders car park, your car was not allowed to park there so as it was prohibited there cannot be a contract formed with the motorist and TPS. At best all they can pursue you fro is trespassing and only the land owner can do that

So go about your daily routines and ignore all the rubbish they send you trying to get you to pay. Just keep an eye out  for a Letter of Claim. or a Letter before Claim and come back and we will give you further advice on what to do. In the meantime you will probably be bombarded with letters from TPS, their pet debt collectors and their tame but thick solicitors. they can all be safely ignored except for the Claim letters. 

They don't pursue everyone and take them to Court but they do try and frighten motorists into believing that they will. As they lose money when taking people to Court they don't like losing money.