I've been an idiot!

imanumpty

Hi,

Basically last year, I got ticketed on private land in Manchester. My underground car parking was broken, I parked on the land, displayed a ticket overnight, went to renew it in the morning, bumped into someone, got talking and got back late and was ticketed.

I searched the net for some advice and everywhere I looked seemed to suggest the company could be ignored.

I did this but the registered keeper of the vehicle has had a letter for two different occasions (although I really don't remember the second time it happened :S)

My real issue is that I have since moved house and lost the PCN I was given and the P&D ticket I'd used overnight. Have I lost any chance to appeal? Do I cough up the £300 the car park company is asking for? What do I advise the keeper of the vehicle?

Thanks in advance!

EDIT: I've just been reading the 'Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread'

The advice there is
Not the driver? - Reset the POPLA clock If you are the Registered Keeper, but you were NOT the driver at the time of the 'parking event', you have the opportunity to reset the POPLA clock by identifying the driver. In that case you write to the PPC, acknowledging the LBA, and tell them the driver's name and address.

Is my best course of action to advise the RK to point the company in my direction?

Coupon-mad

Is my best course of action to advise the RK to point the company in my direction?

Personally I would say NO, not when you have already had a windscreen ticket. You have already had your chance to appeal (the re-setting of the clock to allow the driver to appeal should only work if it was an ANPR postal ticket that, arguably, a driver has never yet seen).

But if you want to spare the keeper this hassle then yep, they should indeed name you because that discharges their liability under POFA and passes potential liability to you. BUT it doesn't mean you have to pay!!!!

But you haven't said who the PPC is and who sent this Letter before Claim. If it was just a debt collector then carry on ignoring the matter unless you can find a reason to report the PPC to the BPA, to get the ticket quashed for non-compliance with POFA 2012.

Google 'Freedoms Act Schedule 4' and read paragraph 8 which states what hoops a PPC has to jump through when issuing a NTK after a windscreen ticket. It's written in simple bullet points. Spot what the PPC has done wrong and if it's major (like a very late NTK) then you can report them to the BPA.

Which PPC?

Who sent the Letter before Claim and when?

imanumpty

Hi,

Thanks so much for your quick response.

PPC is SIP. I think the letters have come from them but one is from Simple Intelligent Parking and one is from Stop Illegal Parking (I will verify this tomorrow - as I had a brief conversation late tonight). The letters were received the the past two days.

I will have a read through. Thanks again!

EDIT: I think the thread I may have looked at (way back when) was this one as it sounds pretty similar to the situation I had.

showthread.php?t=3125370&highlight=sip+manchester

Coupon-mad

Right you will need to take this seriously as SIP have started a couple of small claims, look on the first few pages of the forum here and there is one where the poster has shown his defence. We have spotted the misleading different company names which is a point of defence for him, and for your response to the LBC.

Not that you are at court defence stage but you will need to refer to the LBCCC thread thoroughly and make sure you acknowledge and then send a formal response.

Tomorrow, post up a picture of the LBC here if you can.

Beware not to reply to pm's about this incident because SIP do read these forums, as has been proved before. But no danger in showing the LBC here.

imanumpty

Brilliant, thanks - will do

zzzLazyDaisy

Coupon-mad wrote: »

Personally I would say NO, not when you have already had a windscreen ticket.

Thanks, have amended the LBCCC thread to note this.

imanumpty

Sorry - I've been reading a thread over at pepipoo.

Would it be too late for the keeper to respond saying the NTK isn't valid, and thus is being appealed...and ask for a POPLA code?

Without naming me?

While I want to save him the stress, from what I've read it's almost certainly easier to appeal via POPLA.

Coupon-mad

It is too late to appeal - you are NOT going to be offered POPLA now. The keeper should respond to the LBC in the way described in the LBCCC thread. Show us the draft response.

Welsh_Exile

Just checking - you said last year, was it pre October 1st 2012 when Sch 4 PoFA came into force?
Obviously the RK will still reply to the Letter Before Claim but it does change things...

Coupon-mad

POFA came into force on 1st October 2012.

imanumpty

Coupon-mad wrote: »

It is too late to appeal - you are NOT going to be offered POPLA now. The keeper should respond to the LBC in the way described in the LBCCC thread. Show us the draft response.

Understood, my apologies. I've not yet drafted anything as I've been in work all day. Will work on that now.

Welsh_Exile wrote: »

Just checking - you said last year, was it pre October 1st 2012 when Sch 4 PoFA came into force?
Obviously the RK will still reply to the Letter Before Claim but it does change things...

After the October 1st.

The notice to owner is below
imgur.com/mX9Hdmz

(As a new poster I can't post links...but that should work)