PPC Ticket

Stroma

prosnap wrote: »

How kind of them .....

"Our goal is to reduce the unauthorised use of your parking faciltiy; it is not to profit from ill informed motorists."

Yep and sort of contradicts the post above yours

ElwoodBlues

bazster wrote: »

You might also want to look into who owns the foreshore. It is unlikely to be in private ownership. It could be that this PPC infests the beach on the behest of some landowner but is going beyond its remit on the foreshore (the wet bit), which may well be owned by the Crown Estates or the Duchy of Cornwall or some such.

The land in question is owned by the Crown/Duchy, but is under the control of a harbour authority, who contract said PPC to enforce permit parking.

ElwoodBlues

Right, time to come back to this. I've been a bit slack with dealing with it so far, and now I have received a couple of demands from a debt recovery company (Debt recovery plus).

So far, I haven't replied at all, to either the parking co or the collection agency. Is it too late for a POPLA appeal? Should I contact just the parking to, or should I also write to the collection agency to dispute the alleged debt?

bod1467

Way too late for POPLA now. I guess you're in Ignore mode now, and hope that they don't try court action. (There's an FoI link mentioned in a few threads regarding which PPCs have been litigious over the past year).

Coupon-mad

your options are here under the DC (debt collector) paragraph:

https://forums.moneysavingexpert.com/discussion/4816822

HTH

ElwoodBlues

I know the simplest thing to do at this stage is continue to ignore, and hope that they don't file a county court claim. I think only a couple of the big parking companies have started doing this. But I've read somewhere online that in theory, if the small claims route starts to become successful, the other companies will follow suit. And they could start a claim up to 6 years after the event? Not sure how likely this is, but I'd rather nip it in the bud at this stage if possible.

Going back through the correspondence from the parking company, the first letter I received from them (headed 'Formal Demand') was dated exactly two months (62 days) after the event. I presume this is their NTK. But they should have got it to me with 56 days, from what I am reading on this forum? Otherwise the keeper cannot be held liable?

Does this put me in a stronger position? Should I respond to the parking co and remind/complain to them at this stage? Complain to the BPA?

Someone in a similar situation in another thread (https://forums.moneysavingexpert.com/discussion/4803356), has been advised to stick in an appeal anyway, should I be doing the same?

Coupon-mad

Basically, yes to all your questions, you are in a strong position as registered keeper (no driver ID'd) and you can do all those things now in an attempt to quash it.

Particularly important to word every complaint as coming from the registered keeper, not accidentally implying who the driver was, so no 'I parked' and no reference to having received anything except the letter (just copy to the BPA the formal demand and debt collector rubbish)!

The email address of the BPA is on the sticky thread I already linked, and you can indeed report this PPC for non-compliance, as you are right about the 56 days.

As the BPA are on the dark side (not your side!) be careful not to talk about '56 days since I got the ticket' or suchlike. You can say you are the keeper and you have been receiving these letters but, feeling harassed, you have looked back at the date of the alleged contravention as cited on the Formal Demand and your research has shown you that they served it too late. And the wording (and the misleading title) doesn't comply with paragraph 8 of Schedule 4 of POFA 2012 either so no valid Notice to Keeper was served in time. As such, this AOS member has failed to establish rk liability and must cease and desist with harassment of you as keeper.

ElwoodBlues

Well, it's been a while. I stopped getting letters from the DCA last year, when I was still in ignore mode (I still haven't responded or acknowledged anything yet). Thought they had given up, but I've recently received a letter from what appears to be an actual solicitor (letter says they are regulated by the SRA anyway). It instructs me not to contact them, but the DCA (debtrecoveryplus), and that I should make payment within 14 days to avoid legal proceedings.

Should I keep my head in the sand and hope it's more bluff and bluster, or stick it above the parapet and try contest that it's valid (on the basis that the NTK was later than the 56 day requirement).

If it goes to court, can I still use that argument? Is it likely to actually involve a hearing with a district judge?

Stroma

Who's the solicitor, is it gladstones?

bod1467

Is it titled a Letter Before Action / Letter Before Claim?

Based on stroma's questioning, this is likely just another threatogram.