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  • FIRST POST
    • Craig Maddocks
    • By Craig Maddocks 27th Mar 17, 7:58 PM
    • 11Posts
    • 2Thanks
    Craig Maddocks
    Complicated, advice please
    • #1
    • 27th Mar 17, 7:58 PM
    Complicated, advice please 27th Mar 17 at 7:58 PM
    Hi,
    I will try and be detailed.

    My partner recieved a £120 PCN becuase the permit wasnt on display.
    She emailed them right away ( which I wasnt happy about becuase I like to reseach before we go jumping in)
    And explained that she has a permit it just had fallen off the window and she is allowed to park there because she works there.

    Somone who worked at the School phoned Spring Parking Ltd and on the phone the PCN was cancelled.
    We have no proof of this. So it wasnt paid.

    146 days later we recieved a Notice to Keeper from PCS
    When she phoned up it was a differnet conpany and they said "No the PCN wasnt cancelled and we have taken over the claim so you have to pay or evidence it was cancelled.

    Long story short.
    We have evidence of us contacting them.
    We dont have evidence of it being cancelled or any evidence of them getting back to us at all.

    So she is allowed to park where she parked. So no loss to the company/landowner becuase they dont do pay and display. The Notice to Keeper was late by 90ish days.

    What is my next step?
Page 2
    • Craig Maddocks
    • By Craig Maddocks 20th Apr 17, 6:07 PM
    • 11 Posts
    • 2 Thanks
    Craig Maddocks
    Is this all correct.

    Dear Sir or Madam

    I would like to make a written complaint about the Parking Collection Services company who are a member of the BPA.

    My name is ****, I received a Notice to keeper 146 days after a the PCN was issued. I tried to appeal because of this reason. I did this via email but received an email in response to this threatening court action. I then phoned the company and they refused to give me a PoPLA code even though I had asked for one in the email. They said they don’t give out codes because they are a collection agency and the original company Spring Parking would need to provide that. However the Notice to Keeper was not issued by Spring Parking it was issued by Parking Collection Service and spring parking won’t deal with that matter. They stated that the notice to keeper can be issued at any time because it was a non POFA Parking charge.

    The email they sent also stated that they can presume I was the driver because I am the keeper which is incorrect. They also used the established case of Elliott v Loake [1982] as evidence of this. They did this probably knowing this doesn’t apply for a private parking case. I also believe this is a breach of the BPA code of practice.
    • Coupon-mad
    • By Coupon-mad 20th Apr 17, 8:23 PM
    • 45,011 Posts
    • 57,621 Thanks
    Coupon-mad
    I would go with this and copy in David Dunford at the DVLA:

    david.dunford@dvla.gsi.gov.uk




    Dear Sir or Madam,

    Re - PCN xxxxxxxx Spring Parking - event date xx/xx/2016, NTK date xx/xx/2017


    I would like to make a written complaint about the Spring Parking Ltd and Parking Collection Services (PCS) company who are a both apparently AOS members of the BPA.

    My name is ****, I received a Notice to keeper from PCS which was sent 146 days after a the PCN was allegedly issued to a vehicle for which I am the registered keeper.

    I tried to appeal and since this was a Notice to Keeper (the first letter) not any later debt collection letter, I was aware that a rejection letter must include a POPLA Code. because of this reason. I did this via email but received an email in response to this threatening court action.

    I then phoned the company (PCS) and they refused to give me a PoPLA code even though I had asked for one in the email appeal to the Notice to Keeper they had sent. They said they don’t give out codes because they are a collection agency and the original company Spring Parking would need to provide that. However the Notice to Keeper was not issued by Spring Parking it was issued by Parking Collection Service and Spring Parking won’t deal with that matter. They stated that the notice to keeper can be issued at any time because it was a non POFA Parking charge.*

    The email they sent also stated that they can presume I was the driver because I am the keeper which is incorrect. The driver has not been identified and I have a right to appeal to POPLA as keeper, having responded immediately to the first letter sent to me. I also feel it is objectionable that the BPA allows debt collectors a far longer time to obtain DVLA data for NTK issue, astonishingly buying my DVLA data months later than a parking firm are reasonably expected to act.

    Have PCS pretended in the application that this one was for debt collection? If so, this was untrue.

    I remind you that my data was not obtained for 'debt collection stage' but for a NTK to be issued but this was some 5 months after the alleged parking event! It is utterly reprehensible that you and the DVLA let these very late requests slip through. Just because firms like Spring Parking use PCS for their back office functions and NTK issue should not mean that PCS can get data this late and even worse, tell a consumer that they don't/won't issue a POPLA code.


    I have copied in Mr Dunford of the DVLA as the above is a serious breach of the BPA CoP and the KADOE rules.

    yours faithfully,

    They also used the established case of Elliott v Loake [1982] as evidence of this. They did this probably knowing this doesn’t apply for a private parking case. I also believe this is a breach of the BPA code of practice. *



    * I deleted the above lines because neither add anything to your complaint.
    Last edited by Coupon-mad; 20-04-2017 at 8:26 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Umkomaas
    • By Umkomaas 20th Apr 17, 9:09 PM
    • 12,136 Posts
    • 18,518 Thanks
    Umkomaas
    David Dunford



    Does this look like a guy who is likely to do anything at all?

    https://uk.linkedin.com/in/david-dunford-172a8862
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Coupon-mad
    • By Coupon-mad 20th Apr 17, 9:41 PM
    • 45,011 Posts
    • 57,621 Thanks
    Coupon-mad
    Thing is, he does. I've emailed him before and he does rattle cages.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Craig Maddocks
    • By Craig Maddocks 21st Apr 17, 5:03 PM
    • 11 Posts
    • 2 Thanks
    Craig Maddocks
    OK I have sent all emails I need to now. Just have to sit and wait.
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