Letter out of Nowhere

Coupon-mad

''Protection of Freedoms Act 2012 (the Act) and the BPA Code of Practice (the CoP).''

You can remove the bits in brackets as they are only there if you want to use those shorthand versions later in your letter but you haven't.

dommcd27

Letter posted today so will see what comes of it. Thanks to everyone who has assisted me so far.
Quick (possibly stupid) question. People have mentioned the need to issue both a notice to driver and a notice to keeper. Does the parking ticket itself (assuming one was received) constitute the notice to driver?

dommcd27

Forget that last question. I did some reading about the p.o.f act 2012 and a ticket is the notice to driver.

nigelbb

Here is some reading for you

British Parking Association Code of Practice (Appendix C contains Schedule 4 of POFA 2012)
http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2012_v2_March2013.pdf
DfT Guidance on Section 56 and Schedule 4 of POFA 2012
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

dommcd27

Here is an interesting turn of events.

I have received a letter. Not from GPB but from Local Parking Security. This letter is dated over a month ago and appears to be the notice to keeper. It basically advises that that a ticket was issued (although it doesn't say how) and because it hasn't been paid, I have been contacted.
Thing is, I feel that they may not have helped themselves by doing this. I wrote to GPB advising that I was not liable as no notice has been issued. That would have been my word against theirs and it would have also been my word against theirs as to whether it was compliant or not. Now I actually have it, I'm pretty sure it isn't.

As I understand it, a Notice to Keeper is deemed to have been posted two working days after its issue date. You then have 28 days in which to act before they can take any further action. They state that if they don't receive payment or I don't tell them who was driving within 14 days they will increase the charge and and will add further admin costs (they don't specify what the extra admin costs will be). In addition, the letter received from GPB was dated 22 days after the issue date on this LPS letter so they had already passed it over.

JimmyTheWig

dommcd27 wrote: »

This letter is dated over a month ago

Does it have a postmark on the envelope which suggests when it was posted?

dommcd27

No it doesn't.

dommcd27

Thought I would let people know what this letter says.

FORMAL DEMAND
DO NOT IGNORE THIS NOTICE

Name
Address

Please be advised that an Excess Charge Notice was issued to the vehicle XXXXXXX at XXXX on the XX-XX-XXXX at the location "xxxxxxxxxxxx" for "Parking without displaying a valid ticket". This Excess Charge Notice has not been paid and the opportunity to pay a discounted amount has been lost. The DVLA have been contacted and as a result of this we have been advised that you are the registered keeper of the vehicle.

Failure to provide Owner/Driver details or payment of the full amount of £60.00 within 14 days of this notice will result in an increase to £78.00 plus further administrative costs. This letter will form part of our case against the driver of the vehicle.

HOW TO PAY

(It shows a few ways they accept payment)

If you believe that the charge should not be paid and wish to challenge this Excess Charge Notice, please write to P.O Box 1752. Stratford-upon-Avon. Warwickshire. CV37 0XW. within 14 days. Appeals will only be considered if made in writing. Please quote the Excess Charge Notice reference number, the vehicle registration and your address in all correspondance. On receiving an appeal we will respond to you in writing within seven working days.

Local Parking Security Ltd adheres to regulations on the release of information from the driver and vehicle licensing agency's vehicle register for the operation of their parking enforcement scheme. If you have any reason to believe your data has been inappropriately used you may contact one of the following:
The information Commisioner (gives an address)
DVLA release of Information. Fee Paying Enquiries Section.

It then has two sections that can be cut off, filled out and sent to them.
One is a declaration of owner/driver, stating that it must be received within 14 days.
The other is a payment slip that can be used if you are planning to send a cheque or postal order. (suggesting that you send it recorded or special and advising that if you want a receipt you have to send them a self addressed envelope, cheeky)

Coupon-mad

I would just start making a little file of whatever arrives and a note of the dates of each letter. That is not a compliant Notice to Keeper by any stretch of the imagination and is the same as one we saw before on pepipoo forum, see post #12:

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

The only difference there is that the poster got the Formal Demand before their GPB letter (same template as yours of course). This is bog-standard junk mail debt collection work from a solicitor with not enough real work to do!

I post on pepipoo as SchoolRunMum so you will see the letters I suggested that he and you respond with are similar. I get the impression that poster may not have bothered to respond but I think you were right to reply now in a strong way. I suggested it because that's what I would do.

If more begging letters arrive I would take this up with the ICO and DVLA and BPA and Trading Standards (why not?!) because you have made your position as registered keeper very clear that you simply are not liable.

dommcd27

Well as you say, I have written to GPB and advised them that I am not liable. Unlike these companies, I will not waste my time harassing people with countless letters. It is for them to respond to me now (to hopefully advise that the matter is closed), not for me to chase them.