Letter out of Nowhere

dommcd27

Hello Community,

I have received a letter recently (which didn't get delivered until 4 days after its creation date) and would appreciate some advice.

Its from a company called GPB solicitors who are based in Stratford. It claims that I have not paid a civil parking charge to their clients Local Parking Security and are "considering" further action. Now this is news to me as I do not recall receiving any correspondence prior to this.
I have looked up LPS and the only car park that they "look after" that I know the vehicle is sometimes parked in is a Premier Inn car park on the same business park that people who could potentially drive my car (which I have since sold) work on. This company moved in within the last year and installed pay and display machines as it used to be completely free. Anyway, the company these possible drivers work for have an agreement with Premier Inn which allow them to use their car park as an overflow (I think the company may pay them for this privilege) which is why the car is sometimes parked there. A few months ago on a dark rainy evening (sounds like a scary story) a driver returned to the car and thought they may have seen something screwed up under the wipers but got in the car without investigating. The wipers came on automatically and whatever it was was apparently swept away. They didn't think anything of it at the time as they had no reason to assume they had done anything. With hindsight, that was possibly a ticket (it was hardly clearly attached to the windscreen).

Now I was thinking of writing to this GPB to ask them to provide full details of this so called claim, as to my knowledge, there has been no infraction and no prior communication (that I have received) from LPS. Is this the right thing to do? Also, the letter from GPB only gives a number to call and pay on and is signed from the company so I dont know who to address any letters to. If I were to write to them, would I just address the letter to the general company address at the top of the letter?

As I say, any help would be appreciated.

hoohoo

They are out of time to pursue the vehicle keeper and can only pursue the driver. Remove any details from your post which give clues to who the driver may have been

Stroma

Just ignore them, as they are debt collectors I gather? You can't appeal to them and they won't listen to reason. Go to premier inn and demand that they get it cancelled. Your vehicle should be on a whitelist not to get scam invoices.

dommcd27

So by having not received (im not saying that they haven't been posted but if they were, they were not sent recorded) any correspondence prior to this debt collection/solicitors letter, Am I too late to consider a POPLA appeal? From what I have read, this so called independent organisation are not exactly on the level anyway.

Coupon-mad

dommcd27 wrote: »

So by having not received (im not saying that they haven't been posted but if they were, they were not sent recorded) any correspondence prior to this debt collection/solicitors letter, Am I too late to consider a POPLA appeal? From what I have read, this so called independent organisation are not exactly on the level anyway.

You are too late for POPLA but I replied on a similar thread the other day and suggested that IMHO a person should reply to GPB (as this letter has sometimes been followed by a small claim when ignored, IMHO and you should try your utmost to get this cancelled to avoid that stress!).

See this thread:

http://forums.pepipoo.com/index.php?showtopic=77257

In post #42 onwards I posted as SchoolRunMum on there.

I am not suggesting a 'please cancel it' letter - definitely go on the offensive like I suggested but tweak the wording a little bit so GPB don't receive two exact replica letters!

Yours can add in a paragraph anyway to say you were not the driver as you don't visit that car park site but more than one of the people insured to drive that car a few months ago may have been driving because they had authority to park there in a work capacity. Not that you are prepared to explain any more and neither will you be naming the driver of course. Not only did you never see a fake PCN but neither did LPS write to you as the registered keeper. And in any case the car has since been sold.

Continue to say that because you were not sent any 'Notice to Keeper' whatsoever - and because it's in the public domain that LPS do not issue compliant NTKs anyway - LPS have failed to establish registered keeper liability and as such, they cannot pursue the matter under Schedule 4 of the Protection of Freedoms Act 2012. As POFA does not apply you have no requirement or reason to have to name the driver - and by the same token, LPS and their agents have no lawful excuse to harass you.


HTH

dommcd27

I dont think I should include the bit about the specific car park because I am only assuming (based on where I know the vehicle could have been parked) that it is the car park I think it is. Instead I could plead justifiable ignorance as I have not received any official notification of where and when the infraction allegedly took place.

what do you think?

dommcd27

How is this for a first go?

Dear Sirs,

For reasons I do not understand. You have issued me - the registered keeper of vehicle registration XXXXXXX - a letter headed 'Unpaid Civil Parking Charge'.

For the avoidance of any doubt, I deny all liability and require you and your client to cease these communications immediately.

For Local Parking Security to be able to allege that a registered keeper may be 'liable' for one of their invoices, they would have had to comply with Schedule 4 of the Protection of Freedoms Act 2012 (the Act)and the BPA Code of Practice (the CoP). These are set procedures and requirements, including issuing a Notice to Driver, followed by a compliant Notice to Keeper, within a set timescale. LPS failed to send any “Notice to Keeper” letters at all (and it is also in the public domain that LPS do not issue compliant NTK’s) meaning that at this time, I have no knowledge of where the alleged penalty invoice was issued, when it was issued and what infraction has allegedly taken place.
LPS have failed to establish registered keeper liability and as such, they cannot pursue the matter under Schedule 4 of the Protection of Freedoms Act 2012. As POFA does not apply I have no requirement or reason to have to name the driver and in any case would be unable to as (as mentioned above) I have no knowledge of this supposed infraction. By the same token, LPS and their agents have no lawful excuse to harass me.

In addition, I am making you aware that I am no longer the registered keeper of this vehicle.

You should now inform your client to cancel the invoice.

Coupon-mad

dommcd27 wrote: »

I dont think I should include the bit about the specific car park because I am only assuming (based on where I know the vehicle could have been parked) that it is the car park I think it is. Instead I could plead justifiable ignorance as I have not received any official notification of where and when the infraction allegedly took place.

what do you think?

Yep, sounds good and your letter does cover the necessary issues. I am not sure GPB will stop their letters but the response you've made would look very reasonable on your part, if GPB did try a speculative small claim for LPS later on. Better to have sent this now showing you do know how LPS have failed in law to pin any liability on you at all.

You could add after the sentence 'You should now inform your client to cancel the invoice' something like 'Take note that no correspondence will be entered into as I have made my position clear. Any further contact (except for cancelling this invoice) will be viewed as continued unlawful harassment.'

dommcd27

Thanks I will give it a try and see what happens. I think I will send it recorded. No guarantee they will read it or take note of it but I (unlike LPS) will have some proof it was delivered.

I would think that the very least that they could do is actually let me know what its actually for. Like I say, I know where I THINK it may be for and if it does turn out to be there, no ticket should have been issued.

nigelbb

There is no need to send it recorded & there is always the possibility with more disreputable PPCs that they will refuse to sign for it. Just go to the Post Office & get a free proof of posting which will satisfy any court that the letter has been sent & delivered.

dommcd27

This is what I will be posting tomorrow


Your Reference xxxxxxxxxx
Client Name: Local Parking Security
Creditor Reference: xxxxxxxxxxx

Letter Regarding an Alleged Charge

Dear Sirs (your letter does not provide a point of contact),

For reasons I do not understand. You have issued me - the registered keeper of vehicle registration xxxxxxx - a letter headed 'Unpaid Civil Parking Charge'.

For the avoidance of any doubt, I deny all liability and require you and your client to cease these communications immediately.

For Local Parking Security to be able to allege that a registered keeper may be 'liable' for one of their invoices, they would have had to comply with Schedule 4 of the Protection of Freedoms Act 2012 (the Act)and the BPA Code of Practice (the CoP). These are set procedures and requirements, including issuing a Notice to Driver, followed by a compliant Notice to Keeper, within a set timescale. LPS failed to send any ‘Notice to Keeper’ letters at all (and it is also in the public domain that LPS do not issue compliant NTK’s) meaning that at this time, I have no knowledge of where the alleged penalty invoice was issued, when it was issued and what infraction has allegedly taken place.
LPS have failed to establish registered keeper liability and as such, they cannot pursue the matter under Schedule 4 of the Protection of Freedoms Act 2012. As POFA does not apply I have no requirement or reason to have to name the driver and in any case would be unable to do so as (as mentioned above) I have no knowledge of this supposed infraction. By the same token, LPS and their agents have no lawful excuse to harass me.

In addition, I am making you aware that I am no longer the registered keeper of this vehicle.

I state again that you should now inform your client to cancel the invoice. Please take note that no correspondence will be entered into as I have made my position clear. Any further contact (except for cancelling this invoice) will be viewed as continued unlawful harassment.



Yours faithfully,