Appeals Service – Terms and Conditions


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Terms & Conditions

These are the Private Parking Appeals Ltd (WE/US) terms and conditions which govern the use of our websites and our services. By placing an order or accessing our websites, YOU agree to be bound by the terms and conditions set out below.  If YOU do not agree to be bound by these terms and conditions, YOU may not use or access this website or use or rely on any element of OUR service.

Use of the website

Access
Access to our websites and the services offered to the customer/user of the site (YOU) are supplied subject to the strict compliance of the terms and conditions expressed herein.

Registration and information
The provision of services provided by us and any information supplied are dependent upon YOU to warrant that:

All personal information supplied by YOU when registering is true, accurate, up to date and complete in all respects.

YOU must supply US with legible copies of any documents appertaining to or relating to your case in a timely manner, and in any case forthwith on OUR reasonable request. If YOU are sending documents by post, WE recommend you use a recorded delivery method, as proof of posting is nor proof of receipt. WE prefer documents by Facsimile or Email.

If, as a result of YOU not supplying a document in a timely manner, WE are unable to complete the services, WE will not be liable to YOU under OUR Money Back Guarantee.

WE will store your documents electronically for up to 6 years following YOUR ceasing being OUR customer for compliance and security requirements and WE are permitted to use YOUR data anonymously to identify trends of activity by parking companies.

YOU agree not to impersonate any other person or entity, use a false name or a name YOU are not authorised to use, or supply other fraudulent details; for the purposes of registration and accessing the appeals service.

No third party applications allowed. The appeal and payment must be made by the person who has received the Parking Charge Notice.

WE reserve the right to decline to take on any appeal.  If WE have taken any payment and decide not to proceed (unless YOU have applied for an unsuitable or inappropriate service) WE will refund YOU and advise YOU of such and YOU will receive a full refund.

Random checks may be made on particulars supplied where there is a reasonable suspicion that false details have been supplied.  In this case WE will be entitled to refuse to refund YOU any and all sums paid, or charge you a reasonable administration fee for processing any refund.

WE will not be liable for the outcome of any appeal where false details have been supplied.

YOU agree that YOU are aged 18 years or over and are legally capable and able to enter into this agreement and be bound by its terms and conditions freely and without impediment.

YOU will notify US immediately of any changes to the Personal Information by contacting our Appeals team by email to info@privateparkingappeals.co.uk

YOU agree that by asking US to provide our services, YOU explicitly agree to our providing these services electronically for the purpose of the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013, and that this explicit agreement may affect your right to cancel.

IMPORTANT: YOU are responsible for ensuring that OUR services are suitable for you. If YOU pay for OUR service despite the service not being suitable or appropriate, WE reserve the right to make a charge of not more than £6 for the time taken in processing YOUR unsuitable or inappropriate application, and this will be deducted from any refund which WE may, at OUR discretion, make to YOU.

 

BPA Member Company appeals

WE will make an appeal to the Parking Company in YOUR name and normally using YOUR address. The parking company will reply to YOU either accepting the appeal or supplying a POPLA verification code.

In the event the unique POPLA verification code is returned directly to US this will be handled internally by US and YOU will be notified accordingly the approximate hearing date and the outcome.

In the event that YOU receive the unique POPLA verification code then this must be forwarded directly to US before expiry of the code to facilitate the second stage appeal to POPLA, as the code is strictly time sensitive. In this case, YOU will need to email US the code by email to info@privateparkingappeals.co.uk or via the website and resubmit the requisite personal information as prompted.

Please note that any failure to supply the code in time will jeopardise the appeal and WE will have incurred expenses at this point, however a discretionary partial refund may be returned to YOU in this event; any refund will be at OUR sole discretion.

In the event of a POPLA rejection of YOUR appeal, WE will refund to YOU the sum paid by YOU in respect of OUR services in making the appeal to POPLA provided that YOU have made a payment of the parking charge to the operator and YOU provide US with evidence (such as a receipt or bank statement) proving this payment has been made. This is OUR Money Back Guarantee.

YOU agree that, once WE have started work on YOUR appeal, including initial allocation of the appeal, YOU cannot invoke the Money Back Guarantee until after WE have appealed to POPLA and WE  or YOU have received a response confirming that the appeal has been rejected by POPLA, and YOU have paid the parking charge to the Parking Company and WE have received evidence of same.

It may be that prior to or following such rejection, WE are in any case able to seek cancellation of the charge by other means. Whether WE have refunded you or not, you authorise us to continue to pursue other means to cancel the charge. If such cancellation occurs before YOUR POPLA result has been returned YOU agree that such cancellation meets the terms of OUR Guarantee, and that no refund is due to YOU from US.

Where YOUR PCN has been issued by a BPA member company, your payment of £19 covers the first appeal to the company, the second appeal to POPLA, and in the unlikely event of the company continuing to pursue you, a response to Debt Collectors or a Letter of Claim/Court Claim.

IPC Member company appeals

IPC companies will nearly always reject YOUR appeal and the IAS appeal will similarly be rejected.

In order to provide YOU with the service, YOU agree that if YOU have received an IPC member company ticket and WE notify YOU of this before starting to provide the service, YOU will not hold US to OUR Money Back Guarantee.

YOU authorise US to contact the Member company, or the IPC or IAS on your behalf, and requiring them to correspond with US on YOUR behalf at an address which WE will notify to them.

YOU authorise US to take any reasonable step against the IPC Member company, the IPC or IAS, or the Landowner to enforce the requirements of law, complain of their conduct or otherwise seek to have the ticket cancelled.

It may be that prior to or following such rejection, WE are in any case able to seek cancellation of the charge by other means. In such cases, you authorise us to continue to pursue other means to cancel the charge.

Where YOUR PCN has been issued by an IPC member company, your payment of £19 covers the first appeal to the company, the second appeal to the IAS, and in the unlikely event of the company continuing to pursue you directly, a response to Debt Collectors or a Letter of Claim/Court Claim.

Non Aligned Parking Companies

Non aligned Parking Companies are companies that seek to enforce parking regulations without being a member of an Approved Trade Association. Examples include ANPR Ltd, Walton Wilkins trading as Premier Parking Logistics, and Stephen Duff trading as Proserve Enforcement Solutions.

In order to provide YOU with the service, YOU agree that if YOU have received a Non Aligned company ticket and WE notify YOU of this before starting to provide the service, YOU will not hold US to OUR Money Back Guarantee.

YOU authorise US to contact the Member company, or any other company, organisation or statutory body on your behalf, and requiring them to correspond with US on YOUR behalf at an address which WE will notify to them.

YOU authorise US to take any reasonable step against the Company or the Landowner to enforce the requirements of law, complain of their conduct or otherwise seek to have the ticket cancelled.

It may be that prior to or following such rejection, WE are in any case able to seek cancellation of the charge by other means. In such cases, you authorise us to continue to pursue other means to cancel the charge.

Where YOUR PCN has been issued by a Non-Aligned company, your payment of £19 covers the first appeal to the company and a response to Debt Collectors or a Letter of Claim/Court Claim.

General terms about the appeals stage

WE cannot offer any paid services to YOU as a new customer if YOU have already paid the parking charge. If YOU apply for our services when you have already paid the parking charge, YOU agree that WE can deduct an administration fee from YOUR payment before offering YOU any discretionary refund.

WE must be allowed a reasonable amount of time to process your appeal, and the Parking Company or Independant Appeals body must be allowed to respond to our appeal within the statutory timescales. If YOU apply for OUR services, and then either complete the appeal yourself or pay the parking charge during this processing period,  YOU agree that WE can deduct an administration fee from YOUR payment before offering YOU any discretionary refund.

Debt Collection Companies

Parking Companies will often ask Debt Collection Agencies to pursue the PCN. If YOU contact US after a debt collection company has contacted you, YOU agree that OUR Money Back Guarantee does not apply.

YOU authorise US to deal with the Debt Collector on your behalf as your representative and take any reasonable step against the Company or the Landowner to enforce the requirements of law, complain of their conduct or otherwise seek to have the ticket cancelled.

Where YOUR PCN is being pursued by a Debt Collector, your payment of £19 covers the response to Debt Collectors or a Letter of Claim/Court Claim.

Legal Assistance prior to claim

If you contact us after receiving a Letter of Claim/Letter Before County Court claim, you authorise us to deal with the Parking Company or solicitors for the Parking Company on your behalf as your representative and take any reasonable step, including legal action, against the Company or the Landowner to enforce the requirements of law, complain of their conduct or otherwise seek to have the ticket cancelled.

Where your PCN is being pursued as a Letter of Claim, Your payment of £19 covers the initial response to the Letter of Claim, and an initial response to a court claim.

Legal Assistance following a court claim

If YOU contact us having received a court claim, we will provide the services of a Fee-Charging McKenzie Friend, and will offer guidance, assistance and support to the date of any court hearing. We will not conduct your case for you, and responsibility for meeting court deadlines, such as acknowledgement of service, filing statements and evidence remains with you.

Where your PCN is being pursued as a claim, your payment of £49 (which can be accepted in two instalments) will cover a suggested first response to court, assistance with court documentation, assistance with Small Claims Mediation, and a suggested skeleton argument and Witness statement, WE are not permitted to conduct your legal proceedings, and you are under no obligation to rely on our documentation. You should always consider seeking professional legal advice.

WE cannot offer any paid services to YOU as a new customer if YOU have a Default Judgment from the court. If YOU apply for our services to deal with a default judgment, YOU agree that WE can deduct an administration fee from YOUR payment before offering YOU any discretionary refund.

WE do not offer any money back guarantee for our Fee-Charging McKenzie Friend service.

IMPORTANT: If YOU are dealing with a court claim, it is YOUR responsibility to ensure that YOU comply with any orders of the court, including filing and serving your defence, and any documents. It is YOUR responsibility to contact US if YOU have not received a defence or any other documents, which YOU should do not less than seven days before the deadline imposed by the court.

While WE will assist you with the process, WE cannot be held liable in any way for court fees, costs or charges applied as a result of the court process, however they may arise. OUR liability to YOU will not exceed the amount YOU have paid for OUR services.

 

General Terms Relating to the Service
YOU acknowledge and accept that WE act solely as an appeal handling service, submitting written appeals to the relevant parking company and then compiling a formal appeal to the relevant independent appeals system utilised.  Our skill and experience lies with the legal knowledge in successfully challenging these parking charges.

All appeals will be written based solely on the information which YOU have provided and all letters are dispatched at our discretion via mail, facsimile, email or courier.  For this purpose, Letter includes a document delivered by email, facsimile, courier, DX or other Document Exchange service, Personal Service or any other form of electronic document transfer.   WE cannot accept any responsibility for the outcome of any appeal where incorrect, false or misleading information was supplied by YOU.

YOU acknowledge and accept that WE only act as an appeal service and do not offer any legal or other advice.

YOU acknowledge and accept that OUR total liability to you will not exceed the amount you pay for our services, and WE do not become a party to, or in any way, liable for, payment of YOUR parking charge or any other sums to any other party. YOU may not set off any sums against OUR service charges and fees, and YOU remain responsible and liable for any payments YOU make or are liable to make as a result of receiving a parking charge notice.

YOU hereby authorise US to add your name in computer type as the signatory of any letter prepared and submitted in your name or where appropriate or required to sign your name or sign on your behalf a letter of appeal.

YOU acknowledge that WE may operate other websites, with differing service offerings and pricing. YOU agree that YOU are bound by the service you purchase on the terms offered on the website which YOU first accessed to apply for our services.

Payment options
WE will offer various ways for YOU to pay for your order, which may include:  Visa, MasterCard, Pingit or PayM, Direct Debit and Faster payments (Bank Transfer). Please email if YOU wish to pay by Faster Payments to info@privateparkingappeals.co.uk along with your ticket details, name, and address.

If you choose to pay by Direct Debit, the Direct Debit Guarantee will apply to your payment.

WE will not action any request for the appeals service offered until cleared payment has been received.  No payment details are stored on OUR computer system, though YOUR bank details may be stored by OUR Banker or Payment Processor, and by using a payment service, you consent to their using and storing YOUR details to process YOUR payment.

YOU are not responsible for any costs WE incur in processing your payment. The sum due for our service does not include any processing, service or bank charges payable by YOU and WE will not surcharge you for choosing any payment method.

If we are VAT registered, WE will charge you VAT on any sums due at the prevailing rate. The prices WE quote on the website include VAT if appropriate. If YOU require a VAT receipt, WE will provide one on request.

WE may from time to time provide links to other websites or resources to enhance and supply increased value to our customers and users of our website. WE do not review or endorse any content of a third party website.  As a customer or user any such access to third party sites is at your sole discretion and YOU acknowledge and agree that YOU will take full responsibility to enter any third party linked website. WE are not responsible for the availability of any such external sites or resources.  WE are not liable or responsible directly or indirectly for:

(i) the privacy practices of such websites.

(ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources.

(iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Website
WE reserve the right to:

Modify or withdraw, temporarily or permanently, our Websites (or any part thereof) with or without notice to YOU and YOU confirm that WE shall not be liable to YOU or any third party for any modification to or withdrawal of our Websites; and/or change the Conditions from time to time, and your continued use of our Websites (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If YOU do not agree to any change to the Conditions then YOU must immediately stop using the Website.

Information Collected & Privacy
YOU should be aware that this site is being remotely monitored and may capture information about your visit.  The use of tracking information (for example your IP address, web browser and type/domain, country location)  such as the pages of our website that were viewed during your visit, and any search terms that YOU entered on our website (“User Information”).   This information is collected to improve our service and enhance the experience of our users and WE may collect this information even if YOU do not register with us.

Should YOU choose to use our service then WE require personal information to be inputted into the system and any such information collected is kept on a secure server and WE are fully compliant with the Data Protection Act and any other applicable consumer legislation as required.   WE are registered with the Information Commissioner’s Office for this purpose.

Personal information collected includes:  your name, e-mail address, home address, telephone number, payment information other than Credit/Debit card number, and a password together with the tracking information already stated above.  WE confirm that any personal information YOU provide to US (or which is available on public registers) and any user Information from which WE can identify YOU is treated as confidential (except where disclosure is authorised by law) and held in strict accordance with the Information Commissioners Office guidance on Data Processing and Access.

WE use your information only for the following purposes:

Processing your appeals;
for statistical or survey purposes;
to improve this Website and its services to YOU;
To serve website content;
To administer this website;

YOU agree that YOU consent to US contacting YOU for any of the above purposes whether by telephone, e-mail or in writing and YOU confirm that YOU do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003. YOU have the right to withdraw your consent by writing to US and informing US of your withdrawal.

WE will not release your Personal Information to any company outside of Private Parking Appeals for mailing or marketing purposes.

YOU should note that WE are legally entitled to provide your personal information and/or user information, if requested or required to do so by the police or any other regulatory or government authority investigating suspected illegal activities.

Waiver
No waiver by US shall be construed as a waiver of any preceding or succeeding breach of any provision.

Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Cancellation Rights
Under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013, YOU may have a right to cancel any service YOU ask US to provide. Because the services WE provide are digitally supplied either to YOU directly, or by making an appeal on your behalf, any right to cancel ends when WE first make a manual response to your request for our service, which will normally be the point at which you are notified of your appeal handler. If YOU cancel before that time, and WE receive your cancellation notice before that time, WE will refund you all sums due under the contract. Regrettably, after WE start processing YOUR order, WE have started to provide the service to YOU, and cancellation is not possible. WE reserve the right to apply an administration charge to any refund WE may, at OUR discretion, allow YOU if YOU attempt to cancel after this time.

Intellectual Property

YOU acknowledge that the copyright in the text of OUR appeals and defence documentation remains with US, and YOU have a limited, no-exclusive licence to use those documents and the specific text WE supply. YOU acknowledge that WE own the intellectual property in those documents, and that YOU will not publish or otherwise disseminate those documents in a way which will result in their becoming available to the public in general. YOU acknowledge that should YOU breach this element of the agreement, WE are entitled to immediately cease providing YOU with any service and retain any and all sums YOU have paid for OUR service as compensation for YOUR breach.

Contacting Us
YOU may contact US in any of the following ways

1) By email to info@privateparkingappeals.co.uk

2) By post to: Private Parking Appeals Ltd, 272 Bath Street, Glasgow, G2 4JR

3) By telephone to 0141 214 0365 – please try to contact us by email first.

Contacting you

WE will not normally telephone a customer, and all communications from US to YOU should be in writing. Any telephone calls made by US to YOU will be recorded for regulatory purposes. While WE endeavour to respond to customer emails within three working days, this is not always possible, and may not be relied upon as a term of OUR service.

Complaints and Disputes

If YOU have a complaint about the service WE provide, YOU must raise this complaint with US before approaching any third party, and must give US a chance to resolve your complaint. WE will provide a dedicated complaints email address. WE will acknowledge complaints within 2 working days, and provide a full response within 28 days.

If YOU are not satisfied with the response,  YOU have the option to take this matter to Alternative Dispute Resolution. YOU agree that you will not seek a chargeback or raise a dispute with your credit/debit card provider or bank if YOU have not exercised this option.

Under The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 , WE confirm that WE will engage with any ADR Entity which appears in OUR opinion and judgment to be a competent ADR entity for the resolution of any dispute in the Service Contract between YOU and US. YOU agree that YOU will not commence any legal proceedings, or seek a chargeback from your bank or card provider, until 180 days after any dispute has been referred to an ADR Entity.

For the purpose of the regulations, if YOU are a Consumer in England and Wales, WE shall be considered to be established in Bristol, England; If YOU are a consumer in Scotland, or in any other country, state or territory WE shall be considered to be established in Glasgow, Scotland.

It appears to US that the ADR service known as the Consumer Ombudsman is the most suitable ADR Entity for this purpose, and unless YOU can show good reason otherwise, this is the ADR Entity WE would expect YOU to engage with.

WE do not do business on any social media website, or other online forum other than the website at privateparkingappeals.co.uk, and YOU should not seek to contact us through those means. WE will not respond to any complaints, comments or other messages via, for example, Twitter, Facebook, MoneySavingExpert or Pepipoo.

If YOU seek a chargeback, dispute a charge with your bank or card provider, or stop a cheque payable to us without following this complaints procedure, YOU agree to indemnify US for all consequential losses, including, but not limited to Chargeback dispute fees, default fees and overdraft fees that WE may incur as a result of your breach of these terms, in addition to your initial service fee. WE shall be entitled to pursue these sums and interest, after notifying you of them, by any means up to and including court proceedings, where YOU will be liable for all of our costs in doing so.

Entire agreement
These Conditions govern the relationship between US and YOU. Any proposed changes to these Conditions by YOU must be in writing and signed by both parties. In this way, WE can avoid any problems surrounding what WE and YOU are expected to do. YOU confirm that, in agreeing to accept the Conditions, YOU have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and YOU agree that YOU shall have no remedy in respect of any representation other than as specified in these terms, notwithstanding any content of our, or our referral partner’s websites which is not expressly incorporated into these terms.

Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law
If YOU are a consumer, and engaging with us as a consumer based in England and Wales, these Conditions shall be governed by and construed in accordance with the laws of England and YOU irrevocably submit to the exclusive jurisdiction of the courts of England. If YOU are a Consumer in Scotland, or a Business (including a Sole Trader), or in any other country, state or territory, The Conditions shall be governed by and construed in accordance with the laws of Scotland and YOU irrevocably submit to the exclusive jurisdiction of the courts of Scotland.

 

All communications between both parties will be conducted in English – any requirement for documents or letters to be conveyed in an alternative language (other than Welsh if YOU are a resident of Wales) will incur additional costs agreed in advance and by prior notification.

WE will accept service of legal documents at our registered office, notwithstanding that such service may be considered outside the jurisdiction of the court, and WE undertake that WE will not seek to have dismissed any claim against us made by a consumer in England and Wales due to our address for service being outside of England and Wales.

 

Private Parking Appeals Ltd | Registered in Scotland no: SC492116
Registered Address: 272 Bath Street, Glasgow G2 4JR
ICO Registration no: ZA088846
VAT Number: GB 203 1015 87

 

Private Parking Appeals Ltd also trades in the styles “Parking Ticket Appeals”, “Parking Ticket Appeals Service” and “Appeal Parking Tickets”. Private Parking Appeals Ltd acquired the Intellectual Property assets of these businesses on 1 December 2015, but is not associated with the companies previously operating under those names. The PTAS car logo the phrase “on your side…” and the phrase “Just the Ticket!”are trademarks of Private Parking Appeals Ltd.
Private Parking Appeals Ltd also trades as ìLondon Credit Servicesî for collection and management of commercial debt, enforcement of county court judgments and insolvency proceedings.

Enquire Now

Please note, this service is not operated by ParkingCowboys.co.uk. If you have any queries, please contact Private Parking Appeals Ltd.

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