PPS Privacy Policy

Law of Trespass

With respect to unauthorised parking on private property, a strong legal argument can be made by the land owner under the laws of trespass.

A person entering and parking on privately owned land without the permission of the legal owner is trespassing on that land for the duration that the vehicle is parked.

If the land owner can prove the trespass, then he or she is entitled to recover nominal damages, even if he or she has not suffered any actual loss or damage. If the trespass has caused the land owner to suffer loss or damage, then he or she is entitled to an amount to compensate for that loss or damage.

In order for the land owner to claim costs for trespass in the form of Parking Charge Notice, there must be prominent and easily observed signage warning that unauthorised parking will result in a charge.

When there is prominent and clear signage displayed by the owner of private land warning drivers of parking regulations, a motorist enters a contractual agreement to pay a parking charge if he or she parks in contravention those regulations.

We operate our collection procedures under the Administration of Justice Act 1970.

The Protection of Freedom Act 2012 (POFA 2012) The Protection of Freedom Act 2012 (POFA 2012) Schedule 4 provides regulation for recovery of parking charge notices issued on private land. The act introduces keeper liability for the first time on private land - on condition that an independent adjudication service is made available for motorists.

The Act stipulates that contract (car park terms and conditions) is between the driver and car park operator. If the driver is unknown then the registered keeper of the vehicle is requested to provide the name and the address of the driver. If the register keeper refuses to do this or ignores the notice to keeper then after 28 days have passed, the registered keeper becomes liable for the parking charge and can be pursued for payment.

AOS DVLA Code of Practice for Private Parking Enforcement When obtaining the keeper's registration details for an unauthorised parked vehicle in order to enforce parking charges, PPS (L) Ltd strictly adheres to the British Parking Association and DVLA's Code of Conduct. This ensures that lawful, ethical and fair business practices are employed by us at all times. Data Protection Act 1998.

We will not disclose any information regarding the registered keeper’s details to the land owner, just as we will not disclose the land owner’s details to parking offenders. This is in accordance with the Data Protection Act 1998.

This complaints policy was last updated July 2022. Private Parking Solutions (London) Limited:

• will take seriously any concern or complaint and will investigate it promptly, for resolution as quickly as possible
• recognises that the public:
• have the right to raise concerns or complaints about our services
• have access to clear information on how to voice complaints and concerns
• confirm that the complaints procedure is open to everyone who have any interaction with PPS
• will deal with complaints in line with this policy
• will keep a register of all complaints in line with regulations
• confirm that the complaints procedure will be part of the process of monitoring the quality, effectiveness and non-discriminatory nature of PPS’s services

1. Introduction

PPS strives for high standards in service delivery and welcomes feedback from individuals and users of our services on all aspects of our services. Such feedback is invaluable in helping us evaluate and improve our work.

The objectives of PPS’s complaints policy and procedures are to:
• Ensure everyone knows how to make a complaint and how a complaint will be handled
• Ensure that complaints are dealt with consistently, fairly and sensitively within clear time frames
• Provide individuals with a fair and effective way to complain about our work and services
• Ensure that complaints are monitored to improve our services and processes.

PPS will ensure that we:
• Listen carefully to complaints and treat complaints as confidential, where possible
• Record, store and manage all complaints accurately and in accordance with the Data Protection Act and other Regulations UKPC need to adhere to
• Investigate the complaint fully, objectively and within the stated time frame
• Notify the complainant of the results of the investigation and any right of appeal or escalation
• Inform the complainant of any action that will be implemented in order to ensure that there is no re-occurrence.

2. Definition of a complaint

A complaint is any expression of dissatisfaction by an individual, whether justified or not. An individual may make a complaint if they feel PPS has:
• Failed to provide a service or an acceptable standard of service
• Made a mistake in the way the service was provided
• Failed to act in a proper way
• Provided an unfair service
This policy and procedure relate only to complaints received about PPS and its services.

3. Confidentiality

All complaints will be treated in confidence. We will only share the identity of the individual or the details of the complaint with a third party with the individual’s consent, or if required by regulatory bodies and legislation.

4. Making a complaint

It is important to note; the complaints policy and procedure cannot be used as a channel for complainants to appeal their Notice of Parking Charge (NoPC). Matters relating specifically to parking contraventions must be made via the correct appeal method as stated on PPS’s notices and website.
A complaint can arrive in the following way:
• Written correspondence submitted against a parking charge through PPS’s web portal;
• Written correspondence submitted by post, addressed to PPS in the form of a letter;
• Complaints made by proxy to the client, who will forward the complaint to the appropriate account manager or to the Sales inbox;
• Complaints raised by email to a member of the Senior Management Team;
• Disputes raised directly to the British Parking Association in the first instance or any other association;
• Directly to a Warden whilst patrolling a site.

5. Type of complaints PPS receives

• Site/Signage complaints
• Health and Safety complaints
• Data Subject Rights complaints
• Generic complaints regarding how an appeal was dealt with or how a Parking Attendant interacted with a member of the public

6. Complaints Procedure

Complaints should be sent directly to info@privateparkingsolutions.co.uk or write to us at PRIVATE PARKING SOLUTIONS (LONDON) LTD, Correspondence Address: PO Box 1115, West Drayton UB8 9XD.

There are three stages to the complaint’s procedure:
• Stage One – The Complaint/Investigation
• Stage Two – Further Investigation (if not resolved in Stage One)
• Stage Three – External Escalation Process

Stage One

• An acknowledgement email will be issued to the complainant within 14 days of its receipt unless exceptional circumstances apply, in which case the complainant will be informed.
• As a general rule, the acknowledgement will confirm we have received the complaint and it has either been issued to the relevant department to resolve or is being handled by the Case Management Team who will respond within 28 days of its receipt.
• If PPS cannot respond within this timescale, i.e. further investigation needs to be conducted, we will inform the complainant of the delay and give an indication of when a full response will be sent to them.
• The Case Handler will assess the content of the complaint, providing a response that will contain:
• Notice of Parking Charge (NoPC) timeline to date;
• Explanation of the steps PPS has taken to reach this stage and addressing all the points raised within the complaint;
• Copies of any relevant documentation to assist in adding clarity to the complaint;
• Outline any proposed rectifying actions/outcomes to the complaint;
• Provide information in relation to next steps that are to be taken if complainant is unsatisfied with our response.

Please be advised that at any time during this stage, the Case Management team might request some form of identification to ensure that the complainant is the authorised recipient of the relevant information.

Stage Two

• If the complaint cannot be resolved to the complainant’s satisfaction by the Case Handler, or if the Case Handler feels that the complaint is of a very serious nature, the complaint will then be passed to the Case Manager who will review the complaint and respond appropriately.
• The Case Handler who dealt with the original correspondence at Stage One will be kept informed of the ongoing investigation and will update the Complaints Log accordingly.
• The complaint at Stage Two will be responded to within 28 days of receipt of the complainant’s dissatisfied response to us. If this is not possible, i.e. further investigation needs to be conducted, we will inform the complainant of the delay and give an indication of when a full response will be sent to them.
• Whether or not the complaint is upheld, the response to the complainant will detail the action taken to investigate the complaint, the conclusions from the investigation, and any action taken internally because of the complaint.
• The decision taken at this stage is final unless the Case Manager decides it is appropriate to seek external assistance with resolution.
• Please be advised that at any time during this stage, the Case Management team might request some form of identification to ensure that the complainant is the authorised recipient of the relevant information.

Stage Three

• If the complainant is dissatisfied with the response from the Case Manager at Stage Two, the third and final step is for PPS to advise the complainant to make a formal complaint with the British Parking Association (BPA) who will investigate the matter. How to lodge a complaint with the BPA can be found here: https://portal.britishparking.co.uk/compliance/LogComplaint

Please note, a complaint submitted to PPS and the BPA are considered as two different complaint procedures and will not be dealt with simultaneously.

7. Anonymous Complaints

Complaints received anonymously will be recorded and considered, but action may be limited if further information is required to ensure a full and fair investigation.

8. Monitoring and record-keeping

To ensure PPS can learn from complaints, the following data will be collected:
a) the date of complaint;
b) a copy of the complaint;
c) a copy of all correspondence;
d) the outcome; and
e) the details of any corrective action required

Complaints information will be reviewed on a regular basis by the Head of Operations, regularly audited by the Compliance Team and will be reported on a monthly basis to the C-Suite.

Complaints information will be reviewed on a regular basis by the Head of Operations, regularly audited by the Compliance Team and will be reported on a monthly basis to the C-Suite.

As per the requirements set out by the BPA, and for audit purposes, we will retain a record of all complaints for 36 months, and this record will be made available on request to authorised bodies.