LPS (Local Parking Security Ltd) ticket

edwardmluk

I've had the exact same bad luck as coinxoperated in https://forums.moneysavingexpert.com/discussion/4568163

Except my car was only illegally parked for less than 5 minutes. I went to a pub, had no idea it was pay and display (realised later), popped in to find my friend. He wasn't there, after a call to him I realised I was at the wrong pub and left. Then I found the ticket.

So, having not contacted them yet, I'm right in thinking I should just wait it out. After the Notice to Keeper letter I can either:
a) appeal to POPLA and probably win which will cost me some money (but less than the £40)
b) keep ignoring until (IF) I get a court summons
c) Write a letter of appeal and hope they don't provide popla information etc

It's the classic £60 fine reduced to £40 if paid within 2 weeks, so there's one rule broken there. I can afford the fine, but think that it's pretty unjust and would rather not pay it if possible.

Thanks in advance for any help and tips. I've look at the POPLA decisions thread which gives a bit of confidence in that route. Ideally though I'd like to pay nothing.

Stroma

It's not a fine or penalty at all , and no illegality is involved

Wait for the notice to keeper then send this off to them to go to popla. The grace period is one thing not abided to by this company probably a lot of other things also. It was a ticket on the vehicle yes ?




Name
Address

Date

Dear Scammers,

In regards to the invoice received with ref number xxxxxx dated xxxxxx, the keeper denies all liability to your company, if you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 2 of the BPA Code of Practice.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the popla code. If you wish to find out why the keeper rejects all liability, pay the £27 plus vat to popla to find out

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the timeframe stipulated above.

Yours Faithfully

Your name (printed)

edwardmluk

Yes Stroma it was a ticket left on the windscreen. Thanks for the very quick response. Your comments in the thread I linked to are all pretty useful and I'll take your advice.

I figured it was a bit scammy when they must've literally run and popped it on the car as soon as I left.

Thanks and I'll keep you posted.

Stroma

The notice to keeper must arrive between 28 - 56 days after the parking. So keep the envelope as well as the letter

Guys_Dad

And you have the famous "Grace period" clause in the BPA COP.

http://www.britishparking.co.uk/write/Documents/AOS/BPA_CodeofPractice_2013_v1.pdf

13 Grace periods
13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.
13.3 You should be prepared to tell us the specific grace
period at a site if our compliance team or our agents ask
what it is.
13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action.

Remember to ask them for this in your POPLA appeal too!

edwardmluk

Had the notice to driver delivered to my old address a week ago. Looks like they sent it in time, will scan a copy for you to look at tomorrow.

Is it still worth writing the letter to appeal to popla? I've heard you can get pretty good traction by doing nothing and never responding. Is there any point in sending any correspondence with proof of postage etc?

Edit: here's the notice to driver letter. http://i.imgur.com/tY0Fueb.jpg

I'm not wholly convinced of their professionalism, they couldn't even spell the place name correctly that I had parked at.

Coupon-mad

If you have a POPLA code OF COURSE you must use it as we have 100% success at POPLA since Easter. Example POPLA appeals:

https://forums.moneysavingexpert.com/discussion/comment/62180281#Comment_62180281

https://forums.moneysavingexpert.com/discussion/comment/62523345#Comment_62523345

And surely you mean it's a Notice to Keeper (not a Notice to Driver)? Is it compliant though? See here, post #8:

http://forums.pepipoo.com/index.php?showtopic=81182

Add everything they failed to do into paragraphs in a long POPLA appeal. Show us first, for comments! But when you submit it to POPLA, send it by post or as a PDF link to POPLA because (BEWARE) you can't fit long appeal wording ion the word-count restricted POPLA appeal online box.

edwardmluk

I don't have the POPLA code. Simply the notice to keeper. Do I have to send the letter with recorded delivery or anything like that as proof of postage?

Guys_Dad

Get back immediately to the PPC. Tell them that you (the keeper) are appealing under the Grace provisions of the BPA CoP as in my previous post and quote the extracts from the COP.

Inform them that they have 3 choices under POFA.
(1 ) cancel the charge
(2) send the POPLA code
(3) do neither and watch me send complaints to BPA, POPLA and the DVLA demanding that sanctions are applied to you.

Say no more, don't get into any other details.

Not at this stage anyway.

edwardmluk

So in addition to Stroma's email, I should add your additions. E.g.

Name
Address

Date

Dear Scammers,

In regards to the invoice received with ref number xxxxxx dated xxxxxx, the keeper denies all liability to your company, if you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 2 of the BPA Code of Practice.

The keeper is appealing under the Grace provisions of section 13 of the BPA CoP:
13 Grace periods
13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.
13.3 You should be prepared to tell us the specific grace
period at a site if our compliance team or our agents ask
what it is.
13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action.

You have three choices under POFA:
1. cancel the charge
2. send the POPLA code
3. do neither and I will send complaints to BPA, POPLA and the DVLA demanding that sanctions are applied to you.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the popla code. If you wish to find out why the keeper rejects all liability, pay the £27 plus vat to popla to find out.

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the timeframe stipulated above.

Yours Faithfully

Your name (printed)

Guys_Dad

edwardmluk wrote: »

So in addition to Stroma's email, I should add your additions. E.g.

Name
Address

Date

Dear Scammers,

In regards to the invoice received with ref number xxxxxx dated xxxxxx, the keeper denies all liability to your company, if you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 2 of the BPA Code of Practice.

The keeper is appealing under the Grace provisions of section 13 of the BPA CoP:

13 Grace periods
13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.
13.3 You should be prepared to tell us the specific grace
period at a site if our compliance team or our agents ask
what it is.
13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action.

I suggest that you have three choices under POFA:
1. cancel the charge
2. send the POPLA code
3. do neither and I will send complaints to BPA, POPLA and the DVLA demanding that sanctions are applied to you.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the popla code. If you wish to find out why the keeper rejects all liability, pay the £27 plus vat to popla to find out.

If you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 2 of the BPA Code of Practice.

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the timeframe stipulated above.

Yours faithfully

Your name (printed)

That's an old soft appeal and the PPCs are now doing a generic rejection to that without a POPLA code being supplied. You need to give a more detailed challenge.

And you are in danger of coming across as a bit of a parrot (as in parrot fashion) if you write "If you wish to find out why the keeper rejects all liability, pay the £27 plus vat to popla to find out" when you have just given your reasons as the Grace period!

I suggest removing the bits in red above and my bit in blue to soften it a little.