Park Direct UK Late Final Reminder

Todster

Hi,
I'm new to this forum having found it through google.

Today, I have received a final reminder from Park Direct UK for an alleged contravention at 'The Wharf' on the 20/02/2013

This is the first correspondance of any sort from these people, with the notice served date as 24th September 2013.

This is a company vehicle, that usually has the same driver.

The contravention time does not match the two photographs supplied, and as the photos were taken at near midnight, there is not much to make out.

The usual driver cannot think where he may have parked to get this and seeing as it is 6 months ago, I'm not sure I would be able to either. They have got the registered keepers address from DVLA.

I'm looking for suggestions how to approach this?

Many Thanks
Mark

Coupon-mad

The company should write and say who the usual driver was, name and address, or the company could be held liable (you CANNOT be if you give the driver's name and address for service, before any court action commences).

So simple wording like this:

https://forums.moneysavingexpert.com/discussion/comment/63228827#Comment_63228827

Then tell the driver to wait for the Notice to be sent to him instead and that he should then come here for advice in his own right to respond if need be, to whatever Notice they then send him.

Stroma

Is this the first that the company has heard of this ? If so they are way out of time with this

Todster

Hi Folks,
Many thanks for your responses, I have now found out a little more, and realized that it was myself driving at the time. This was issued on a housing estate where my partner's daughter lives, I called in for 2 minutes to drop something off at 11.30 at night, somehow they have managed to take photos of the vehicle.
I cannot believe that they can issue the so called 'ticket' six months after the event...

Cheers
Mark

Coupon-mad

Todster wrote: »

Hi Folks,
Many thanks for your responses, I have no found out a little more, and realized that it was myself driving at the time. This was issued on a housing estate where my partner's daughter lives, I called in for 2 minutes to drop something off at 11.30 at night, somehow they have managed to take photos of the vehicle.
I cannot believe that they can issue the so called 'ticket' six months after the event...

Cheers
Mark

As we have already said, they cannot. Unless the Final Reminder wasn't the first letter in the post...

Anyway respond to it and say they are far too late to claim registered keeper liability as they should have followed the BPA Code of Practice and sent a Notice to Keeper between day 29 and day 56. So after all the above, as it was you, DO NOT name the driver when appealing like this unless you would rather not have the letters arriving to the company. If it makes no difference if it is your own company, then reply only as the registered keeper and do not name nor imply the driver after all. Don't even talk about what happened on the day, no 'me myself and I' if mentioning 'the driver'!

Todster

Hi Coupon-mad,
Many thanks for your response, this was the first letter received from them. My response is below, let me know what you think?

Dear Sirs

PCN ref XXXXXX
Vehicle reg no XXXXXXX

I am the Registered Keeper of the vehicle to which the above PCN relates.

As per the BPA codes of practice a Notice to Keeper should have been sent to me between day 29 and day 56. As I did not receive this notice and this is the first notice I have received 7 months after the event, I reject your registered keeper liability claim.

Please instruct your agents to cease and desist contact with me forthwith. Any further contact will be viewed as a breach of the Protection from Harassment act 1997 and appropriate steps will be taken. No further notice will be given.


Yours faithfully

XXXXXX

Cheers
Mark

bod1467

I thought it was 14 days for NtK where no physical PCN was issued? I thought the "up to 56 days" related only where a physical PCN was placed on the vehicle and the driver had not responded within 28 days?

Coupon-mad

Yep but I read this that the PPC are claiming there was a windscreen PCN at first (they will argue until the cows come home that some scally must have removed it, if the driver says they never saw one).

OP, do the photos show a fake PCN packet on the windscreen?

Todster

Hi,
As the photos were taken at 11.30 at night, you cant really see anything on them, you can't make out the registration number, and I cannot see any ticket placed on the windscreen. There was no ticket on the vehicle.

Cheers
Mark

Coupon-mad

So, if the letter you now have suggests that it is a 'reminder' because a previous ticket issued on xx/xx/13(?) was not paid then you can be sure they are talking about a windscreen ticket (which may well have never existed). So the 29 to 56 day deadline does apply and your letter can be sent.

Todster

Hi,
The Final Reminder that I have just received has a notice served date of 24th September 2013, and the contravention date is 20/02/13. I assume from that they are saying it was issued on the 24th September.

Cheers
Mark