PPS specialises in locating land no matter what size or condition it may be in, and turning it into a profitable asset for the landowner, or organisation.
There are many car park management services that we at PPS offer, all tailored to suit individual needs depending on the size and location of the potential car park.
- 10-11-2015 NEWS FLASH
- Judgments on ParkingEye Ltd v Beavis 04-11-2015
PPS can confirm that the above judgment and the highest Court in this country decided that ParkingEyes parking charge notice is enforceable on the basis that it protected a legitimate interest (to deter parking contraventions against the advertised terms and conditions of parking) and was not extravagant, exorbitant nor unconscionable. The parking charge is not an unenforceable penalty and does not breach the Unfair Terms in Consumer Contracts Regulations 1999. This is an important clarification of the law and one which cements the lawful authority of private car park management companies to operate on the land on which they manage, lease or own.
At para 107 of the ParkingEye judgment the Court said that ParkingEye has :
"a legitimate interest in imposing a liability on Mr Beavis in excess of the damages that would have been recoverable at common law. ParkingEye had an interest in inducing him (in this case to observe the two-hour time limit) in order to enable customers of the retail outlets and other members of the public to use the available parking space".
This ruling was subsequently cemented in the County Court in Plymouth on 05-11-2015 where the district Judge referred heavily to the Supreme Court ruling in upholding PPSs claim for an unpaid PCN and further held that PPSs PCN of £100 was fair and reasonable, together with additional legal costs of £50 added to the outstanding PCN.
- 19-03-2015 Further court success
- At the Country Court in Plymouth, PPS recently won a case against a motorist who constantly failed to pay and display. In total a Judgment was made against the motorist for 10 outstanding Parking Charge Notices (PCN)s totalling £1000 and an additional £270 in legal costs. In another case, at the County Court in Horsham the District Judge again found in our favour against a driver who failed to pay their outstanding PCN after appealing to the independent adjudicator (POPLA) and losing that appeal. In this case £75 legal costs were added to the outstanding £100.
Last week at Exeter County Court a motorist disputed our claim against them for payment of an outstanding PCN where the driver had gone to POPLA and lost that appeal. In this instance the driver said we had no legal authority to operate and the PCN was not a genuine pre estimation of loss (GPEOL). In summary when ruling in favour of PPS, the Judge opined that landowners were legally and perfectly entitled to delegate the authority to others to manage their car parks and issue PCNs where appropriate. The Judge further stated that the PCN was a GPEOL and was fully explained and justified by PPS as such. Therefore it was found that the defendants case was without merit. PPS were awarded the £100 for the outstanding PCN and £137 in costs.
- 12-11-2014 Additional POPLA appeals regarding pre-estimation of loss
- Additional sample adjudications from the independent appeals service POPLA. These drivers have again been ruled against when making a claim based on genuine pre-estimation of loss, the rulings below again demonstrate that we successfully defend these claims.
Examples of recent adjudications found in our favour can be seen here: