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Bank Park NTK received.
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modgit
Posts: 670 Forumite
My son has received a Notice to Keeper from Bank Park Management who are IPC registered - dated 14/09/17 relating to a car park on 18/08/17.
I've looked through the threads on here and have come up with the following, I would value any opinions on it. I assume the fact they were out of the time limit is not enough on its own?
Thank you
"You issued a parking notice on 14/09/2017 addressed to myself as the registered keeper of the vehicle. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle and no assumptions can be drawn. Your demand for payment is declined for the following reasons.
1. There is no keeper liability.
Under Schedule 4 of the Protection of Freedoms Act 2012, 9. (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended. Also in the IPC Code of Practice Part C, 5.1 (m)
Date of parking 18/08/2017, so the Parking Charge Notice would need to have been received no later than the 1/09/2017. The parking charge notice was only issued on the 14/09/2017 and deemed given on the 16/09/2017, 16 days after the deadline and therefore as the keeper of the vehicle, I am not liable.
2. If this appeal is rejected, I will only appeal further if you offer an alternative dispute resolution service. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.
3. If this appeal is rejected please provide the following documentation:
a. Who is the party that contracted with your company and are they the landowner?
b. Is your charge based on damages for breach of contract? Answer yes or no.
c. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
d. Please provide all photographs taken of this vehicle.
e. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.
Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.
As you have obtained the registered keeper's data from the DVLA without reasonable cause (as you have not fully complied with the IPC Code of Practice) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.
I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.
Is it ok? Thanks
I've looked through the threads on here and have come up with the following, I would value any opinions on it. I assume the fact they were out of the time limit is not enough on its own?
Thank you
"You issued a parking notice on 14/09/2017 addressed to myself as the registered keeper of the vehicle. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle and no assumptions can be drawn. Your demand for payment is declined for the following reasons.
1. There is no keeper liability.
Under Schedule 4 of the Protection of Freedoms Act 2012, 9. (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended. Also in the IPC Code of Practice Part C, 5.1 (m)
Date of parking 18/08/2017, so the Parking Charge Notice would need to have been received no later than the 1/09/2017. The parking charge notice was only issued on the 14/09/2017 and deemed given on the 16/09/2017, 16 days after the deadline and therefore as the keeper of the vehicle, I am not liable.
2. If this appeal is rejected, I will only appeal further if you offer an alternative dispute resolution service. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.
3. If this appeal is rejected please provide the following documentation:
a. Who is the party that contracted with your company and are they the landowner?
b. Is your charge based on damages for breach of contract? Answer yes or no.
c. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
d. Please provide all photographs taken of this vehicle.
e. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.
Do not send debt collector letters and do not add any costs, which would be a thinly-veiled attempt at 'double recovery'. I will not respond to debt collectors and to involve a third party would be a failure to mitigate your costs as well as deliberate and knowing misuse of my data.
As you have obtained the registered keeper's data from the DVLA without reasonable cause (as you have not fully complied with the IPC Code of Practice) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.
I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.
Is it ok? Thanks
0
Comments
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Yes that's good - nice research. They won't cancel but it sends them a signal from the keeper, and looks very reasonable on your son's part if they try a small claim eventually (always defendable!).
No, because these firms just pretend they can 'assume' the keeper was the driver and they hope the keeper (and any future Judge) doesn't know any different.I assume the fact they were out of the time limit is not enough on its own?
The entire industry is rotten, as your research will no doubt have shown you. Once your son has sent that and got the inevitable rejection letter of drivel, he should make a written complaint to the local MP.
Read this copy of a post by Bargepole and please encourage your son, a genuine and honest person who has come up against a scam industry, to write a letter to your MP:
"Some action at last:
http://services.parliament.uk/bills/2017-19/parkingcodeofpractice.html
This Private Member's Bill has Government and cross-party support, and stands a good chance of making it into statute.
The full text of the clauses will be published nearer the date of the second reading, but my sources tell me it's something we should support.
Now would be a good time to write to your MP urging them to support it."PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you, I'll read that and address MP afterwards.
Again, thanks for your advice.0 -
We have had no reply from appeal email -- not surprisingly, but now have had a reminder for payment, exactly the same letter as the first one, apart from the appeal details which state you have lost the opportunity to appeal as it is after 21 days, if you wish to be considered for appeal due to exceptional circumstances then please email.
Do I ignore this reminder, or re email the appeal?
Thank you0 -
You will know appeals are futile to IPC companies.
Though you can resend the appeal - as advised it's useful should you end up with a court claim to show you didn't ignore the matter0 -
No harm in sending it again with a covering letter asking why they have ignored it in the first place and reiterating that they must cease processing his data.
You might want to say in that letter that should they issue proceedings, the failure to respond to the appeal and to provide the information/documents sought will be relied upon to seek a punitive costs order, pursuant to both the Practice Direction - Pre-action Conduct, para 16 (which continues to apply as set out in para 7 of the new Protocol for Debt Claims) and to Rule 27.14(2)(g).Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
thank you both.0
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Re emailed them as advised and they have emailed back saying on this occasion they will cancel it as a good will gesture, so thank you so much for all your help0
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