Need help with fine from PCN Parking Services

Rach210

I got a parking ticket on 6th June while working as an agency nurse at an NHS hospital. I didn't have a parking permit as I wasn't employed by the hospital but was in staff parking and had payed staff parking rates.

I was told after this by a car park employee that i should have put a note on my dashboard stating the company I worked for, my name, the ward I was working on and a way to contact me. This wasn't told to me by hospital staff and there were no signs or anything to tell me this information.

I ignored the ticket until yesterday when I received a letter from a debt collection agency (Roxburghe) demanding double the original £50 fine. I phoned them and queried it and ended up telling them I wasn't happy to pay the fine as I was working as a staff member on the ward and parked in the staff car park, which I had payed the staff rate for.

What should I do now? I am about to post a letter to PCN Parking Services explaining the lack of information and querying the fine.

Can they enforce this and take me to court?

pogofish

No, they can't enforce this and going to court is very highly unlikley.

However, this lot are BPA AOS members under the guise of Topher ltd.

When you write to them, simply assume they will refute your challenge, so make the appeal as hard or soft as you like but do remember to ask them to supply a POPLA code with any refusal.

When you get it, take a good look at the various POPLA appeal formats here and couch your appeal round them - that way you are highly likely to succeed and get it overturned. Costing the scammers a few quid in the process.

Coupon-mad

Hang on. You say you got a ticket on the windscreen in June? Yes? Not a postal one?

So when did the company write to you, a Notice to Keeper? (Not Roxburghe).

Rach210

Thanks Pogofish. I already sent the letter without asking for a POPLA code unfortunately.

Coupon-mad - the parking people never wrote to me. I got the ticket on the windscreen on 6th June, the next I heard of it was the letter from Roxburghe 2 days ago, demanding double the original fine due to 'admin costs'. I'm not sure what a notice to keeper is.

Stroma

What name of company is on the fake ticket?

Coupon-mad

Rach210 wrote: »

Thanks Pogofish. I already sent the letter without asking for a POPLA code unfortunately.

Coupon-mad - the parking people never wrote to me. I got the ticket on the windscreen on 6th June, the next I heard of it was the letter from Roxburghe 2 days ago, demanding double the original fine due to 'admin costs'. I'm not sure what a notice to keeper is.

A 'Notice to Keeper' has to be sent by post (between 29 and 56 days after the incident) from the company to the registered keeper.

Which company issued that ticket please?

And what is the heading on that Roxburghe letter? Does it read as 'this is a Notice to you as keeper...'?

Just wondering if Roxburghe reckon they are trying to issue a NTK now...! And if the Hospital Security issued the 'ticket' and are not a BPA member (maybe) then HOW EXACTLY have Roxburghe got the keeper's data?

The timing makes no sense because a windscreen ticket on 6th June could only have resulted in a NTK being sent as early as 5th July(ish) and then the Keeper would have had 28 days (and you would still be in that 28 day period now).

This is not compliant in timing.

Rach210

The company is called PCN Parking Services. That's the name on the address to which they wanted me to send the money for the fine.

No there's been no notice to keeper.

The letter from Roxburghe starts 'We have been instructed by the above named client who has informed us that a parking charge notice was issued to the above mentioned vehicle and the driver should have paid it. Our client has advised that they have not yet received payment or any valid reason for non payment or any dispute'

It then goes on to say that they have obtained my data from the DVLA, and that the charge has increased due to 'recovery and administration charges'.

Coupon-mad

So I would write back once to Roxburghe and say summat like:




'Dear Roxburghe,

Re: fake PCN number xxxxxxxxxx

Your so-called manager (ex-Banker) Steve Dargonne may think you can get a vehicle's keeper details from the DVLA and then you and the parking company can then simply not bother to send a compliant 'Notice to Keeper' - but, sadly for you, he is wrong.

Perhaps - before you all lose your jobs when the Office of Fair Trading finally stop being 'minded' and actually revoke your CCA licence - you should all read up on 'keeper liability' and come up with an attempt at a 'Notice to Keeper' in accordance with the Protection of Freedoms Act 2012 (POFA). But then again if you issued NTK's for your clients you would then have to consider 'appeals' for them too and issue POPLA codes - which I can't see you managing to achieve in a compliant way.

Until that time, you are of course failing your client as they have only (apparently) issued a windscreen fake PCN to a driver. In failing to follow that with any Notice to Keeper (NTK), they/you have now missed the opportunity to invoke registered keeper liability. Guess what? A PPC cannot just issue a windscreen fake PCN any more then follow it with debt collector rubbish. I would gen up on Schedule 4 of the POFA if I were Steve.

And as you are an AOS member you have also failed to comply with the BPA Code of Practice because:

- you don't know what a NTK is and failed to issue anything resembling one once you got my data as registered keeper.

- you seem to have obtained DVLA data on behalf of a non-AOS member.

So of course I will be putting in an official complaint about your conduct to the BPA and the DVLA AOS Compliance Manager and demanding action against you.

I also attempted to query the lack of information about this fake 'fine' by writing a challenge to the client but have received no response, so will complain about them as well. If they send me a POPLA code I will take great pleasure in winning at formal appeal.

Any further correspondence from yourselves or from 'PCN Parking Services' will be considered unlawful harassment. Tell Steve Dargonne 'hi' from MSE Parking forum - and better luck next time once you've come up with a template NTK.

(up) yours,

PRINT NAME' (DO NOT GIVE REAL SIGNATURE TO DEBT COLLECTORS)




And complain to the DVLA saying not only do you think AOS member debt collector, Roxburghe, have got rk data on behalf of a non AOS member but even if that is not the case, they and PCN Parking Services have ignored the BPA CoP and failed to issue anything resembling a Notice to Keeper whatsoever. In addition, when you queried the lack of information in writing to PCN Parking Services, they failed to reply.

DVLA email:

[EMAIL="FOI@dvla.gsi.gov.uk"]FOI@dvla.gsi.gov.uk[/EMAIL]

also send the same complaint to the British Parking Association using their 'report an AOS member' link on their website. The BPA will not help you as they represent the scammers BUT they have to investigate complaints and can impose sanctions on their members.





P.S. PCN Parking Services do not appear as a trading name of Topher on the BPA AOS members list. If they used to be listed they are not now.

P.P.S. If you get a 10-digit POPLA code from the PPC, DO NOT WASTE IT by sending off any old appeal like the letter you already rushed out! We have ways of winning at POPLA & can help you.

Guys_Dad

Back from your holiday refreshed and on form again, c-m.

You shouldn't have warned the PPCs you were going away - they have been issuing court papers, LBAs, NtKs, PCNs like they have been going out of fashion taking advantage of your absence. We have been inundated, it seems, and no overtime payments either !!

Scouse_Magic

Rach210 wrote: »

I got a parking ticket on 6th June while working as an agency nurse at an NHS hospital. I didn't have a parking permit as I wasn't employed by the hospital but was in staff parking and had payed staff parking rates.

I was told after this by a car park employee that i should have put a note on my dashboard stating the company I worked for, my name, the ward I was working on and a way to contact me. This wasn't told to me by hospital staff and there were no signs or anything to tell me this information.

I ignored the ticket until yesterday when I received a letter from a debt collection agency (Roxburghe) demanding double the original £50 fine. I phoned them and queried it and ended up telling them I wasn't happy to pay the fine as I was working as a staff member on the ward and parked in the staff car park, which I had payed the staff rate for.

What should I do now? I am about to post a letter to PCN Parking Services explaining the lack of information and querying the fine.

Can they enforce this and take me to court?

Hi There and welcome !! This comes from someone who knows a lot about our old friends Roxburghe as an NHS employee myself who has seen them off twice in Court....

I like coupon mad's letter......Pure Genius

Just Remember, The Government owns the NHS and it is funded by the tax payer.... PCN Parking Services do not own the land in question, neither do Roxburghe or Roxburghe's new solicitors GPB although they will use stupid terms such as "Our Client."


This is a company that failed to even represent their client (East Kent Hospitals) and then refused to pay a court order and even tried to appeal the Judgement without the knowledge of the Trust.

So the Trust had a meeting with Steve Dargonne, which I presume included the behavior of themselves and their so called solicitors Graham White who has since gone awol and up pop GPB all of a sudden.....Although according to the law society's search engine, both GPB & Graham White reside at Roxburghes address....shifty or what ??

And they have the dam cheek to ask other people to pay silly invoices that have no legal clout whatsoever.....

Just ignore them and if it escalates with court papers Ill come back to you :beer:

PS: I think it is morally wrong for NHS Trusts (And they're all at it,) to profiteer from the sick and the needy and those that come to work to look after them, and those who visit..And then to involve a company with a reputation like Roxburghe... no wonder our NHS is Sick !!

You can see one of our court cases below in the next reply xx

Scouse_Magic

Just for your entertainment I have copied & pasted a part of the Judgement in my wife's case in March 2013....picture the scene...Roxburghe & Sobell had just been humiliated in court by me, then they realised they had to come back to to the same court to take on my Mrs, and the entire claim was incorrect.:rotfl:

It was not so un-surprising that proceedings were suddenly dropped......just a shame really that he did not file the correct form and offer my wife's costs to that point!

The wife counter claimed, the initial particulars of claim which was totally wrong.......Sobell said they related to one car .....but the roxburghe letters stated two different vhehicles.

For your purusal and enjoyment I post some of the judges comments in my wife's case...................

JUDGE "The Claimant notwithstanding being advised by the Court that the application to
adjourn was not being granted, makes no appearance or indeed any
communication with the Court whatsoever. My reaction to that is that any firm
of solicitors, and it may well be that Mr Sobell is the only solicitor employed by
that firm, but notwithstanding that, any solicitor in practice engaged in litigation
who simply fails to attend Court, does not take notice of a message that was left
on his firm’s answering machine, even if he is hospitalised, as per the 15th March
application avers, must have some administrative staff to ensure that whilst he is
personally unable to work, that the work is going to be covered. The world does
not stop simply because a solicitor goes into hospital.
And I am not impressed by the absence of any response to the telephone message that was left and the fact that he even thought it was appropriate to apply for an
adjournment in the first place when it would have been easy to engage either
another solicitor by way of an agency agreement or simply to instruct counsel to
attend on behalf of the client.
So I am dealing with this counterclaim in the absence of anything from the Claimant and also, as Miss Fever has pointed out, in the absence of any
documents put forward in defence of the counterclaim.
The way in which the claim was being pursued is quite frankly a mess.


The second complaint that Miss Fever makes is that in the letter before the claim and this is from Graham White Solicitors, the letter dated the 23RD October 2012, it
says this:
“Registered keeper details were obtained from the DVLA and my
client wrote to the registered keeper requesting either payment or
details as to who was driving the car at the time of the
unauthorised parking events. During various recorded
communications between the registered keeper, you, and my client
you have admitted to being the driver at the time of these events.
Both my client and my firm have written to you on several
occasions to request payment of the above debt and to date you
have not paid despite offering to pay.”

Well, those two assertions are clearly both wrong. And it is a matter of concern that a solicitor would write to a Defendant setting out not one but two grossly
inaccurate assertions.


Needless to say Judgement awarded in my wife's favour for £235.00 and £180.00 costs awarded.


Now then, old Sobell decided he would appeal this.....and was shot down in flames by His Honour Judge Scarrat...." There being no realistic prospect of success".


I then turned the tables on them, threatening them with a warrant of execution.....They ignored me .....The claimant (hospital) paid out in the end!

Although in the first case Roxburghe paid......