Letter out of Nowhere

dommcd27

Received a letter a couple of days ago from GPB

AWAITING CLIENT INSTRUCTIONS

Client: Local Parking Security
Creditor ref: xxxxxxxxx
Creditor: Local Parking Security Ltd

dear Dommcd27

Re: - Local parking security and dommcd27

Thank you for your recent letter.

We have referred this matter to our client for instruction and will contact you shortly.
Yours sincerly gpb

Not exactly what I asked them to do but I suppose its a start. Not sure how long a time period "shortly" is either asits already been over a week since they generated this letter.
I know what they will come back with which will be something along the lines of
"Having contacted our client, they have confirmed that they have issued a notice to keeper on this date blah blah blah blah"

I believe my response should just be that my position has not changed. Is it worth telling them that I have now received the notice to keeper and it changes nothing? I could even point out how it doesnt comply as they are well outside of the 56 days in which they could issue another one. Or would that be like tipping my hand to them if it were to go further?

Coupon-mad

I think you have done enough, your position is clear.

Only take seriously real small claim papers if ever they tried it (as they did in a thread I read from 2011). In which case you would need to respond to acknowledge the claim and say you'd be defending it in full. You can get help with a robust defence here or on pepipoo forums if ever you need it over a PPC scam fake PCN.

dommcd27

Someone I know has received a Notice to keeper from LPS. Its exactly the same as the one I have. Thing is, this one has arrived within the 28 days (although still really late given its issue date, after their 14 day deadline to reply nonsense). I have advised this person to to appeal to LPS and told them about P.O.P.L.A if/when they reject it. hopefully I can help end it quickly, although if my case is anything to go by, they do not honor the 28 day reply time and may have already passed it on to GPB.

dommcd27

I'm going to give this other person I know as a soft complaint to LPS. I don't think its too bad and i certainly doesn't tell them anything they don't already know.


Put all of the relevant details here like the address and the reference numbers they give you.

Date XX/XX/XXXX

Dear Local Parking Security,

As the registered keeper of vehicle registration XXXXXX, I have received one of your invoices. It claims that the vehicle was parked at xxxxxxxxxxxxx on xxxxxx and that a penalty fee imposed at the time has not been paid.

As registered keeper I hereby inform you (within the 28 days that I have to reply to your threats) that I deny all liability in this matter. I expect you to cancel this invoice and any interest you have in the vehicle.

I expect you to reply within the next 35 days to confirm that you have honored my request. If I do not hear from you within this time, I shall trust that the matter has ended.
If however, you choose to reject my request. I demand that you supply me with a P.O.P.L.A code (again within the required 35 days) so that I may take the matter further.

If you wish to find out why your claims of liability have been rejected. You are welcome to pay the required fee to P.O.P.L.A to find out.

Yours Sincerely
Your Name (Printed not signed)

Coupon-mad

Looks fine, you have got the hang of this so do stick around if you have a bit of time to help others (that's how we all started!).

The only bit I would change would be to remove 'and any interest you have in the vehicle.' as they have no interest (ownership) in/of it!

dommcd27

I will help if i can.

I have to be honest and say that whilst I really am trying to help this person out (and anyone else I can help) I am also hoping that if this can be nipped in the bud, it may help my own situation in some way. This person had no idea about all of this and was actually going to pay up.

dommcd27

Still no response from GPB so obviously when they say shortly, they actually mean that they will take ages, which I suppose isn't really that surprising.

On another issue though, the other person I am helping with the same issue has received another letter. As I said before, the Notice to Keeper was sent after their self imposed 14 day to respond time limit, but within the actual 28 days that you have to respond. As such I advised them to send a cancel the ticket or give me a popla code letter, which they did. However, it seems that LPS had already passed the account over to GPB as they have sent a letter. Now, is it worth getting this person to write to GPB advising that LPS should not have passed the account over to them? Surely, this is a breach of the PoFA as the account was passed over before the 28 days had expired and because an appeal (a soft one granted, but an appeal none the less) has been sent to LPS.

Coupon-mad

Yes I would, and quote the sentence in the BPA Code of Practice (Google it, very exciting reading...not!) which says effectively 'when you are considering an appeal you must stop work in terms of debt collection'.

nigelbb

Coupon-mad wrote: »

Yes I would, and quote the sentence in the BPA Code of Practice (Google it, very exciting reading...not!) which says effectively 'when you are considering an appeal you must stop work in terms of debt collection'.

No need for Google. Here is the link http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

The relevant section of the Code of Practice of BPA Limited states:-

22.6 When you receive a challenge about the issue of a parking charge, you must stop work on processing the charge immediately. You must not increase the charge until you have replied to the challenge.

dommcd27

How is this? (by the way, it probably goes without saying but if anybody feels that any of these letters are useful to themselves or others, then by all means use them or make sure people are pointed to this thread)


Dear GPB,

You have sent me, the registered keeper of vehicle xxxxxx, a letter concerning an alleged parking infraction. Your letter claims that you are acting on behalf of Local Parking Security and that you are writing because they have not received any correspondence from me regarding the issue.

Firstly, I wish to make it clear that I deny all liability in this matter.

Secondly, your claim that there has been no communication with LPS is incorrect.

As registered keeper, I received what I’m sure LPS would claim is a compliant Notice to Keeper on xxxxxxx. One of the conditions of compliance under the Protection of Freedoms Act states that once the Notice to keeper is served, the recipient has 28 days in which to reply. This is also referenced in the BPA Approved Operator Scheme Code of Practice, which, as a member, LPS must abide by. The fact that this letter has been generated within this period is a clear breach of both the act and the parking enforcement companies own code of practice.

Furthermore, a reply has been sent to LPS, within the allowed timescale, challenging the notice. The Code of practice states

22.6
When you receive a challenge about the issue of a parking charge, you must stop work on processing the charge immediately. You must not increase the charge until you have replied to the challenge.

The fact that I am having to reply to yourselves regarding this issue is (once again) a clear breach of the Code of Practice.

I demand that you cease your interest in this case and refer the matter back to your clients, reminding them of their obligations under their own code of practice. Also make them aware that they have a deadline in which to acknowledge my appeal which is fast approaching. I refer you to the Code of Practice below.

22.8
You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist.


I do not expect any further communication from you, except to confirm that you complied with my expectations.

Yours Sincerely