P4 Parking Notice charge - Should they be paid?

Umkomaas

Wadey323 wrote: »

The posters displayed around the car park advise that permits must be displayed at all times......as mine was not displayed do I still have a case against them?

It's not whether you have a case against them, it's much more a question of do they have a case against you.

What if I put a sign up alongside your parking space to say that your car must be totally clean, free of mud or dust on the bodywork before parking, otherwise I'd issue you a parking charge for £100.

Would you feel you needed to have a case against me? In your shoes I'd be saying 'Who the f**k are you telling me what I can and can't do? Who or what gives you that right? Just go and FRO'.

I'm afraid the nation has become conditioned to the fact that if some 'authority' tells them they have contravened something or other, they have to suffer (and pay) the penalty imposed by that 'authority'.

Time to stand up and fight.

Coupon-mad

Wadey323 wrote: »

The posters displayed around the car park advise that permits must be displayed at all times......as mine was not displayed do I still have a case against them?

LOL! You haven't read enough POPLA appeal threads yet! It's not about whether you displayed a permit, not what you did wrong. It's about what the PPC did wrong, there was no contract with you, no loss caused to them, etc.

Stop believing that just because there are some signs up, that you might not have a case. On every thread you read, the PPC 'has signs up'...but we still win 100% of the time at POPLA at the moment!

Wadey323

Lol! Thanks for all the responses. So glad this forum is here. Will let you know once the next notice has arrived. Thanks again

Wadey323

Just to update you, I haven't yet received the notice to keeper? Does it usually take this long? The charge notice was placed on my car on the 17th august. Thanks

Umkomaas

Wadey323 wrote: »

Just to update you, I haven't yet received the notice to keeper? Does it usually take this long? The charge notice was placed on my car on the 17th august. Thanks

Between 29 days and 56 days after the date of the issue of the Notice to Driver (windscreen ticket). I haven't counted the actual days, but at face value the time seems to have expired, so they will lose the right to pursue the RK under PoFA.

Come back if or when you get the NtK

Coupon-mad

Wadey323 wrote: »

Just to update you, I haven't yet received the notice to keeper? Does it usually take this long? The charge notice was placed on my car on the 17th august. Thanks

Have a Google search for other P4Parking threads as I seem to recall they get a debt collector to send the next letter which will not be a compliant NTK. So it will be easy to rebuff, and you will be able to drop P4P in the sticky stuff at the BPA with a simple email complaint as well, I suspect.

EDIT! Here you go, I found this one with a quick Google search for keywords 'P4Parking debt collector' but I had to avoid the many results in Scotland, as the advice is still ''ignore'' over the border:

https://forums.moneysavingexpert.com/discussion/comment/63058258#Comment_63058258

TNC haven't even got a Notice to Keeper template letter AFAIK. You can have some fun responding and complaining about this one when you get the first letter!

Wadey323

Well today I received the TNC 'parking charge notice-reminder'. From my understanding of what the forums say and your above comments, this is invalid as I should have been sent ntk by p4parking between 29-56 days, which elapsed before this debt collector letter.
Also should it have been P4parking that requested owner details?

I'm ready to get my complaint ready, do need to write to P4parking first? And then POPLA if they refuse to remove the charge? As well as the BPA as they were not compliant with the ntk.

Thanks in advance

Coupon-mad

Yep you have got all of that right (the only thing to let you know is that TNC are allowed to get the DVLA data from the DVLA for an AOS member).

So I would send a challenge to P4Parking and copy in TNC basically stating clearly that you are the registered keeper and this is your appeal. That they have failed to establish reg keeper liability since they have failed to send a compliant Notice to keeper in the strict timeframe in Schedule 4 of the POFA 2012. So you are not liable for the penalty charge which is (among other things) what you will say to POPLA when P4Parking send you a POPLA code. Say that you have also complained to the DVLA and BPA Ltd about their non-compliance with POFA 2012 and in reality you expect to receive confirmation that the ticket has been cancelled.

And also send an email complant to the BPA and DVLA enclosing the 'ticket' and the 'reminder' and re-stating the above (but written as a complaint, not written as an appeal). Still be careful never to infer who was driving as it keeps your position stronger. Email addies:

[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

and

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

And then if you get a POPLA code that will mean it's then 'POPLA time' for you, which will involve a longer, detailed appeal about this NTK issue but so much more as well!

You'd win anyway so no worries if P4Parking play hardball. They have dug their own hole and you can just bury them now.

Wadey323

I have received an email from p4parking advising that I have lost my right to appeal as it was due within 28 days of the pcn and are therefore unable to produce a POPLA verification code..... Is this their normal response?

Umkomaas

No, no, no. The 28 days is from the date of the NtK, not the initial windscreen ticket (Notice to Driver - NtD).

Have you declared who the driver was, by any chance?

I think you need to raise a complaint with the BPA.