Help, PCN from TPS

Pisces11

I had a PCN from TPS stating that I left the car park. I had lent my car to somebody who did tell me that they had left the car park for 10 minutes after shopping in the Halfords that TPS manage the car park for (ther person in question offered to pay the 'fine' but I declined their kind offer)

Anyway, when the PARKING ENFORCEMENT NOTICE arrived I wrote to them saying I was not the driver, do not contact me again I am not paying this invoice type thing. (I used the template on here as a guide)

They have written back 'as a gesture of goodwill'. Saying that they do not accept my appeal and they reserve the right to request the court to order me to say who was driving.However, I was not appealling anything nor did I mention the word appeal. I merely told them I am not paying

So, shall I ignore or write back to them (as a gesture of goodwill of course) to clarify that I was not appealling merely refusing to pay.

Just wondering whether to ignore or clarify in case they do take me to court.

Coupon-mad

Same answer as I typed out for you here:

https://forums.moneysavingexpert.com/discussion/3885361

No need to do any more at all.

Pisces11

Did not think my other post went!!

i will try and watch watchdog on catch up

pogofish

Just ignore them and check the letter chain sticky to see what histrionics to expect next from them.

fil_cad

IGNORE all begging letters from the desperate powerles door knobs, they will BARK and SPARK! but fizzle out like a faulty firework

give_them_FA

If they make gestures of goodwill they are soon going to find themselves expelled from the BPA.

esmerobbo

"reserve the right to request the court to order me to say who was driving"

Now that would be interesting! Request denied, I wonder how these letters escape their office?

Nozone

Hi Pisces11,

If the driver had been shopping at the store and overstayed 10 minutes then there's not really anything more to say other than it's a complete joke, it will never amount to anything, you (and the driver) owe them nothing, do not worry. To be honest there is almost no way that they can even prove that the driver left the car park as they would have to have some pretty comprehensive evidence (think: ID of the driver in vehicle, ID of the driver exiting the vehicle, ID of the driver off-site blah blah). They don't think in these terms (specifically TPS and their cronies that you will no doubt hear from - Roxburghe and Graham White) because evidence of them taking anyone to court over parking matters (and indeed winning) is sparse to say the least. They seem to just rely on threats and scaremongering to get people to cough up.

The RK in my case also contacted TPS/Roxburghe/Graham White (can't remember whom, but as they are all basically the same batch of incompetents there's no point differentiating) and they responded saying that they will seek a Norwich Pharmacal Order to identify the driver.

Well the NPO seems pretty solid, but in order to obtain one they need to prove it is in the public interest, AND it seemingly costs a fair bit of money. Court success is in no way guaranteed for them (there are so many holes in their 'case' that I'm tempted to say it's impossible, but there is perhaps a small outside chance) so I would be baffled if they were thick enough to pursue an NPO.

I'm actually even in doubt about the whole NPO thing - various sources state that there is no legal responsibility for the registered keeper to disclose the identity of the driver, whereas information about the NPO suggests otherwise - is this discrepancy based on the fact the NPO must be in the public interest, and as a PPC there is no chance of this happening?

Anyway, the main point is, ignore these fools.

They will send you around 5 'final warnings' - but these are just outrageous begging letters.

Why? Well if they had the ability to take people to court and win a claim for around £200 (this is the amount they will eventually ask for), why wouldn't they do this straight away?

I'm sure if you consider that point you will realise just how unsuccessful these morons will be in extorting any money from you, or the driver.

Pisces11

ok, so ignore, ignore and ignore some more is the best policy. I did have a ticket from the same car park for overstaying before and ignored their 8 letters.

However, I insured some family members on my car when then they found themselves without a car and it was them that did it!! In fact one of them was shopping in the store and the other one left the car park for about 10 minutes to get a valentines day card of all things and thats when they got the ticket!!

So, I stupidly thought that it would be better to write to them to tell them I was not the driver, which they should have realised anyway as I am a woman and details that the DVLA kinldy sold them clearly state that I am a 'Miss' with very girly first and middle names AND the person leavng the car park was a 6ft 4 inch large man with a big beard!!!

I will disclose the details if a judge asks me to but presumably they will still then have to get the person in question to pay up anyway!! (and they won't either unless a judge says so!!)

Trebor16

If it gets to court and a judge asks who was driving at the time, a registered keeper could easily say that as they were not present at that moment in time they have no idea:D

Would it also be an acceptable answer for the RK, on being asked who was driving, to answer that it is the responsibility of the plaintiff to provide that information?

Stephen_Leak

Pisces11 wrote: »

<snip> I am a 'Miss' with very girly first and middle names AND the person leavng the car park was a 6ft 4 inch large man with a big beard!!! <snip>

I know some "girls" like that ...

Keep typing, Steve, keep digging ...