Controlled Parking Management Southall

MathewB

Thanks Coupon-mad!

I have only just had a quick chance to look at what you have put up this morning before leaving for work and I am posting this via my mobile!
Reading between the lines, it looks like they were too late for the notice to owner and I believe they have cocked up the notice as well

Can I send you a PM this evening to get your thoughts on what I am looking at sending?

Coupon-mad

MathewB wrote: »

Thanks Coupon-mad!

I have only just had a quick chance to look at what you have put up this morning before leaving for work and I am posting this via my mobile!
Reading between the lines, it looks like they were too late for the notice to owner and I believe they have cocked up the notice as well

Can I send you a PM this evening to get your thoughts on what I am looking at sending?

Yep I will try to look at it tonight, if not tomorrow after work...:)

MathewB

Hi Coupon-mad, been trying to send you a PM but not sure if it has been sent, would it be easier if I just post the reply up here?

MathewB

this is my reply - any good?

Without Prejudice

Dear Mr Harries,

Thank you for your letter dated 8th May 2013 regarding your belief that there is a parking charge in relation my vehicle – Registration mark XXX XXX.

There are a number of issues with your attempt to try and use the law to extract money from myself as the registered keeper of the above motor vehicle:

On your “Notice to Owner” you have not given the option of declaring who the driver was at the time and you have not [FONT=&quot]warned me that if the parking charge remains outstanding after 28 days or the name and address of the driver has not been given that you will be entitled to recover the parking charge from the registered keeper.[/FONT]

As a member of the BPA – there is no mention on your “Notice to Owner” regarding the POPLA independent appeals process and you have not adhered to the BPA Code of Practice giving details of the minimum 40% discount for payment within 14 days.

Lastly, under Schedule 4 of the Protection of Freedom Act you must give a “Notice to Owner” after 28 days from the initial Notice to Driver, and more importantly, no later than 56 days from the date of the Notice to Driver. Maybe you should check your calendar as by my rather basic maths it equates to 78 days between the date that you allege a parking infringement took place and the date of your “Notice to Owner”

Take formal notice that I reserve the right to sue you and your agents and your client owner/occupier of said car park, as jointly and severally liable for damages for distress and harassment if you do not cease all contact with me immediately. In addition, after cancelling this 'charge' I require you to remove my name/address/car registration number from your database and all other storage/files in any format immediately, as you have no lawful reason to use, share or store my data. If it becomes apparent that you have not done so, I will also lodge a formal 'breach of Data Protection Act' complaint against you with the Information Commissioner.

No further warning will be given before Court and no correspondence will be entered into.

MathewB

Just an update.........

Received another (2nd one!) 'notice to keeper' from parking collection services - which just appears to be a glammed up version of a debt collection agency.

Seems like they have been able to string together a letter that follows most of the PoFA legislation!

My question, just out of curiosity and just to put my mind more at ease......
Am I correct in thinking that due to the excessive amount of time it has taken for them to issue the original notice to keeper they have effectively shot themselves in the foot even if they did try to take legal action?

Coupon-mad

Yes you are right, they will have failed to establish registered keeper liability anyway. And you are also right about PCS who I think are connected to Debt Recovery Plus (a non-glammed up debt recovery call centre).

Did they never reply to your letter? Why not send a glammed up version of it again - like they've done?!

MathewB

Thanks again coupon-mad.

Yes you are correct, Controlled Parking Solutions is a part of Debt Recovery+.
I was thinking of firing back a reply but I am wondering why bother, it will just be ignored!
Maybe just a one liner referring them back to my original (which was ignored, was hoping they had given up)
Can they add their costs on without advising it, original "fine" was £100, they are now asking £120 with no reference to their additional costs.....
I am wondering though how to make good my threat of legal action if they continue to harass me?

Coupon-mad

MathewB wrote: »

Thanks again coupon-mad.

Yes you are correct, Controlled Parking Solutions is a part of Debt Recovery+.

I think you mean 'parking collection services' are. CPS are not and nor are your PPC, CPM!

MathewB wrote: »

I was thinking of firing back a reply but I am wondering why bother, it will just be ignored!
Maybe just a one liner referring them back to my original (which was ignored, was hoping they had given up)
Can they add their costs on without advising it, original "fine" was £100, they are now asking £120 with no reference to their additional costs.....
I am wondering though how to make good my threat of legal action if they continue to harass me?

They can add £1000 if they want but would never make it stand up in a small claim! And that's your recourse if you want to try it, a few hundred for harassment plus your minor expenses and court fees (but first of all, a Letter Before Action aimed at the landowner/retailer as well as their PPC and the PPC's debt collectors, warning them of your intentions against all parties as jointly and severally liable).

MathewB

Yes, sorry I did mean Parking Collection Services - been reading this forum too long, all the names are starting to merge into one!

My query about additional fees was that has the figure grown through their incompetence to get the figure correct or have they bolted on additional costs, if they are additional costs, do they not have to set this out on a breakdown of what is owed?

Either way I am not really bothered as outcome will be the same, just being curious

Coupon-mad

MathewB wrote: »

Yes, sorry I did mean Parking Collection Services - been reading this forum too long, all the names are starting to merge into one!

My query about additional fees was that has the figure grown through their incompetence to get the figure correct or have they bolted on additional costs, if they are additional costs, do they not have to set this out on a breakdown of what is owed?

Either way I am not really bothered as outcome will be the same, just being curious

Yep they would have to break their 'costs' down at POPLA and/or if they tried a small claim. So it's all hot air but there's nothing to stop them trying!