Reason for issue and non-compliance

monkeynuts246

The driver (not me) parked and paid for a ticket from the machine and placed the ticket on the dash. The ticket ended up upside down on the dash having blown over and a Parking Charge notice was issued. OK, the driver should have made sure the ticket was face-up.

Anyway, the Parking Charge notice gave the reason for issue as 'No Ticket' rather than 'Failing to Display a Ticket.' There are 3 witnesses (passengers) who would swear affidavits to confirm that the driver paid for a ticket.

Also, the ticket fails to comply with four parts of the BPA Approved Contractor Scheme Code of Practice Part B5.1.1 of Appendix B that says, "The parking ticket must contain at least the following information."

I've already written an initial enquiry to the issuing company. Their reply, complete with some spelling howlers, contains nothing of substance.

I've sent a follow-up letter pointing out that the reason given for issuing the Parking Charge notice, 'No Ticket' (as opposed to 'Failing to Display the Ticket), is incorrect and I enclosed a copy of the ticket. I also listed and explained the four elements of non-compliance with the BPA Approved Contractor Scheme Code of Practice. They are:


i) B5.1.1 f) why the parking ticket was issued

The Parking Charge ticket states the issue reason as ‘No Ticket.’ That reason is not correct and you were provided with a copy of the ticket with my letter dated 27 July 2011.

ii) B5.1.1 i) the operator’s registered company name, registered company number and, if the operator is using a trading name other than its registered company name, a geographical address where documents can be served

The Parking Charge ticket does not contain the registered company number, it is headed with the trading name of XXX, it asks for payments to be sent to a company by the name of XXX Ltd., but for cheques and Postal Orders to be made payable to XXX Group which can only be described as a trading name. Although the ticket contains a PO Box address it does not contain a geographical address where documents can be served. It is unclear which corporate body issued the ticket.

iii) B5.1.1 m) all the payment methods that are available and the times that payments may be accepted for these payment methods

The Parking Charge ticket does contain the available payment methods but not the times that payments may be accepted; the surcharge for payment by credit or debit card shown on the Parking Charge ticket is £1.00 whereas the online payment page of your website states that all credit and debit card payments are subject to a £1.50 Processing Fee (a copy of which was provided with my letter dated 27 July 2011). Although the ticket states that payment may be made online, you do not provide the opportunity to pay the amount shown on the Parking Charge ticket online.

iv) B5.1.1 n) all the methods by which drivers may challenge the parking ticket, including at least a phone number for a human operator, and an address. Operators are encouraged to also provide an email or website address that can be used.

Although you include a phone number on the Parking Charge ticket, at Part 3 – QUERIES on the reverse of the ticket you clearly state you are “unable to deal with telephone enquiries with regard to the issue of this parking charge.”




I finished by suggesting that if they establish details of the driver then they should commence proceedings and that the correspondence will be produced as evidence, that they must not send debt collectors as there is no Judgement to prove a debt exists and I have asked them to save everyone's time and money by withdrawing the Parking Charge.

Can anyone second-guess what their next move is likely to be?

Sirdan

They will ignore your correspondence and reject it as an appeal..then they will send the usual follow up letters.

Sadly you have wasted time and effort when you should have just ignored them in the first place.

Coupon-mad

Well they won't withdraw the parking charge because there is no appeals process, what made you write to scammer?

Just ignore them from now on even though I know you're itching to respond.

If you want to write letters then send a copy of the correspondence to the BPA and the DVLA citing 'breach of BPA code of practice complaint'. It will make the BPA have to investigate it on the say-so of the DVLA and cost the 'industry' even more money. Nothing will be sorted out, nothing will change - but you will have registered a complaint that the DVLA will have to refer to the BPA who will have to take some time over it. Also complain in writing to the retailer/occupier for allowing such a rip-off protection racket of fake PCNs to take place in their car park, victimising their customers/visitors.

But that's all, don't write again to the scumbag PPC, it's pointless. You will just get one of the 'scary letter-chains' shown in pics in the top thread, it's easy to ignore once you get used to it.

esmerobbo

You have made the mistake of believing these people are ethical and reasonable! All their interested in is your dosh!

This week we have seen many low life scum looting, these gits have been doing it for years!!!!!!

Ignore them!

trisontana

Could you please tell us the name of the parking company, just for the record?

RENEGADE_2

I'm always up for a challenge!

I'll have a guess what your response will be. I have two goes.

First:

Dear Mr. Monkeynuts

Thank you for drawing our attention to our various breaches of the BPA Code of Practice. As the managing directior of this company which maintains a reputable name and a rapport with the authorities, I have launched an investigation into company activity and the findings were that every aspect of our conduct has been illegal. Since we have sought more money than contract law permits, not only shall I cancel your charge but I will now reimburse every individual that we have wrongly penalised since our inception. This shall be followed by the dissolution of our company.

Many thanks.

________________________________________________________

Second:

Dear Mr. Monkeynuts

This letter follows your coresspondanse dated 6/7/11. Unfortunately, your appeal has not been sucsesfull on this ocassion. The signage around the car park was clearly and prominantly displayed and according to the terms and conditions of the signs that you agreed to by parking on our client's property, you remain lible to pay £100. May i inform you that if you should again challange this decision, you will need to provide supporting evidence with your appeal. We are happy to provide parking for our genuin customers but at the same time we act to make sure our car parks are free from this kind of abuse. You now have 7 days to forfill payment. If the monies remain unpayed after this period, we will have no option but to secure the debt by passing it to a civil debt enforecent agency. If it continues to be ignored, we will, going through the courts, obtain a county judgment, and if required, bailiffs will attend to your property to remove goods.

Yours fauthfuly

E. Litrutt

---

any guesses?

monkeynuts246

trisontana, the name of the company that actually issued the ticket is unclear. The ticket is headed LDK, which is merely a trading name; the payment counterfoil says payments to be sent to LDK Security Group Ltd, although it is not clear whether that company issued the ticket or whether it is company that collects payments for the issuer; the back of the ticket says cheques/POs to be made payable to LDK Group, again that is a trading name only.

RENEGADE, now why doesn't that surprise me??


Although they say that due to Data Protection they can't answer specific queries about the charge without a signed declaration from the driver (no doubt a ploy to establish the driver's details), they won't even comment generally about the various aspects of non-compliance with the Code of Practice.

In the unlikely event that they trace the driver and issue proceedings, I would be interested to know what they might base their case on. Whereas they issued the Parking Charge for the reason 'No Ticket', there was a ticket and if they change their minds to 'Failing to Display a Ticket' then that is something completely different and I suspect they would have difficulty in obtaining a judgement against the driver.

I think that the best policy would be to let them waste their money on letters, printing and postage etc. and revisit it if they issue proceedings.

trisontana

LDK Security are a well known PPC and have featured on several forums. Just ignore them

Fergie76

OP, you are taking this far to seriously.

Listen to the people on here and just ignore them, unless you get stamped court papers.

trisontana

I see what you mean by their appalling standard of English.

From their website:-

Our system is ompletely different from any other, please contact us now

LDK Security Group Ltd operate under the BPA Approved Operator Scheme and Code of Practise for Parking Enforcement on Private Land

When Parking Charge Notices(PCN) are issued , enough photographic eveidence is

You are within your rights to appeal against a parking charge noticed issued in a car park

Those who will be issued PCN will be given 14 days to pay a reduced fee and will double after that period.

I imagine there are more on there.

Kite2010

^Did you know that landowners damages double if you don't pay them inside 14 days^

Doubles from zero to zero