Parking fine through post but no ticket?

richrips

Hi,

On 5/5/2013 I stopped in a parking space in Falmouth where I live to wait for a friend who came out of a shop 5 minutes later. I received no ticket and didn't see any parking attendants. I have received a letter dated 26/06/2013 demanding £100

The exact wording:

"The issuing officer alleged that the driver had failed to comply with the terms and conditions of use as detailed on the clear and prominent signage, therefore the vehicle was issued with a Parking Charge Notification (PCN) for the contravention - 'No Ticket'
Our records show the PCN has not been paid to date; therefore payment is now required in order to avoid further recovery action. Please note that the opportunity to pay the discounted amount has now been lost as payment was not received within 14 days of PCN issue."

The next bit explains that i need to pay £100 within 28 days or my details will be forwarded to their debt recovery partners etc. Vey unpleasant stuff.

The parking company is private and goes by the name A S Parking Management and Enforcement Services. See as-parking.co.uk

What should I do? I have had parking tickets before when I have been at fault and have paid them immediately to avoid incurring the maximum charge, but in this case as no ticket was attached to my car i feel rather hard done by.

Any advice much appreciated,

Regards,
Richard

The_Slithy_Tove

Is what you have received a Notice to Keeper (NtK)? Looks like they claim a ticket was attached, which you know wasn't the case as you were in the car, and now, 28 days later, they are sending the registered keeper a "reminder"

However, if you were really there only 5 minutes, your appeal would be on the grounds of being within the grace period they must provide for you to read the signs and decide not to accept their conditions. Check the BPA code of practice. Don't admit being the driver. Simply say that the vehicle was there only 5 minutes (does the NtK say the period it was there - it ought to to conform with PoFA). They'll reject it, but it will allow you to then appeal to POPLA, where with the right research and advice, you'll win.

BTW, I hope you haven't been paying private parking charges in the past, whatever the circumstances. If so, you've been scammed. But now you're here, you can learn all about it and not be scammed again.

richrips

The letter has "Formal Demand" in block capitals at the top then my address (registered keeper), the A S Parking logo and BPA logo and BPA approval badge, then the date.

I really have very little recollection of the date in question but know I would firstly not parked without a valid ticket and secondly that the one time i stopped there without purchasing a ticket, I was not there long at all and no ticket was given to me or attached to the car.

Does A S Parking have to prove that a ticket was attached to my car? The letter doesn't say Notice to Keeper anywhere. Also is POPLA the relevant body for all carparks? Its a public carpark on the quay in the middle of Falmouth (Custom House Quay Carpark) so I don't know if it is council or private land?

Thanks for your help, I was pretty worried when I got the letter today!

Cheers,
Rich

nigelbb

If they didn't deliver a Notice To Driver then they cannot rely on POFA 2012 to hold the keeper liable for the parking charge as their NTK is way out of time. The NTD must be fixed to the vehicle or handed to the driver.

The_Slithy_Tove

nigelbb wrote: »

If they didn't deliver a Notice To Driver then they cannot rely on POFA 2012 to hold the keeper liable for the parking charge as their NTK is way out of time. The NTD must be fixed to the vehicle or handed to the driver.

Though they well may claim that it was, even though we know from the OP that it wasn't. The letter indicates that there was a NtD. I wonder if there was actually an attendant there.

POPLA is the second level of appeals, which you go to once AS Parking reject your initial appeal (which they surely will). The ticket is not a council ticket (it would say if it was), so it's a private parking charge, and that's the process to follow.

Did the "formal demand" mention an appeals process, both appealing to them, and how to appeal to POPLA? If not, then their notice is way out of order. Who does is say is liable for the charge? It may help to scan and post the letter (both sides, but redacted of personal details, reference numbers and dates) so we can see exactly what kind of mess they have made, and so can indicate the best way to appeal this.

Guys_Dad

I would write back saying that, as registered keeper, you have not received a NTK within the stipulated time period laid out in POFA2012. Their requests for payment, therefore, are invalid and any further demands will be reported to the BPA.

No admission as to who was driving. You could, if you so wanted, demand that they cancel the charge or send a POPLA code to have POPLA tell them the same thing, at a cost of £27.00

nigelbb

It's routine for the parking goon to take a photograph of his handiwork when he slaps a charge notice on the car just so they can prove that they actually did do that. It's not unknown for PPCs to lie & claim that an NTD was left on the car because they know that they are out of time for an NTK which must be delivered within 14 days if there is no NTD.

bazster

In this case we know they are lying because the OP was in his car the whole time!

nigelbb

bazster wrote: »

In this case we know they are lying because the OP was in his car the whole time!

Unfortunately telling them that is not such a good idea as it reveals that the OP was the driver. It's better just to say that there was no ticket fixed to the car & demand that they prove that there was by producing a photograph.

richrips

Here are the scans of the letter: I can't post links as a new user so just add http:// to the beginning of the next 2 lines:

i1177.photobucket.com/albums/x348/richrips/ParkingBack.jpg

i1177.photobucket.com/albums/x348/richrips/ParkingFront.jpg

Thanks for the help and advice so far, amazing response! What should be my course of action given the contents of the letter?

Cheers,
Rich

Stroma

http://i1177.photobucket.com/albums/x348/richrips/ParkingBack.jpg

http://i1177.photobucket.com/albums/x348/richrips/ParkingFront.jpg