I've been an idiot!

imanumpty

I'm a bit confused by the guidance, I'm not sure this letter is supposed to be an LBC? They haven't pointed me at Practice Direction, nor do they state that they have been compliant.

Is this a cleverly disguised reminder?

EDIT: I've just found a second page (I'm a numpty) that says:
Why should I respond to this notice?
If you fail to respond to this notice , legal proceedings may be issued against you in the County Court/Sheriffs Court. This may result in:

1. You having to pay more in the end because of court costs
2. A court judgement/decree
3. Your possessions being seized

and then more details on how to make payment.

I'll write something out anyway in case it is necessary.

nigelbb

http://i.imgur.com/mX9Hdmz.jpg
That's not a LBA/LBC. It is just a reminder that they want their money & may refer the matter to a debt collection agency (who are utterly toothless & can be ignored).

imanumpty

nigelbb wrote: »

That's not a LBA/LBC. It is just a reminder that they want their money & may refer the matter to a debt collection agency (who are utterly toothless & can be ignored).

Thanks for linking that for me
Sorry to be a pain, I found a second page and added the info above, would you still think this is true?

bod1467

That 2nd page info just reinforces what nigelbb said.

imanumpty

Thanks guys,

The most irritating issue is that the RK doesn't live at that house any more and his parents who are really old received the letters and worried.

Part of the reason I was so keen to get it sorted was because I didn't want them to have to worry

Coupon-mad

Do you mean you have only just had that NTO? If so it's far too late and not POFA compliant.

I couldn't see the back page? And what date was the NTO received?

imanumpty

Yes - only received the NTO on Friday. Dated 25/10

I didn't scan in the back page. It just said:

Why should I respond to this notice?
If you fail to respond to this notice , legal proceedings may be issued against you in the County Court/Sheriffs Court. This may result in:

1. You having to pay more in the end because of court costs
2. A court judgement/decree
3. Your possessions being seized

and then more details on how to make payment.

Coupon-mad

Is this a cleverly disguised reminder? The registered keeper of the vehicle has had a letter for two different occasions...

It's not clever at all! If these were the first letters to the registered keeper (and even if not IMHO) you need to report this to the BPA and DVLA as it's wholly non-compliant as a NTO or NTK, doesn't offer the keeper POPLA or ANY appeal at all and was sent almost a year later?!

Email complaints immediately to the BPA and DVLA (same copied to both) saying that SIP need sanction points for this NTO and any others they are sending out months later with no reference to POPLA and yet reference to POFA 2012! Send them a copy of your letter below as it summarises some of the omissions and issues, and also send them a copy of the NTOs (show the BPA and DVLA both letters including a copy of the back page).

[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL] - he is back in the office next week I think...

and DVLA:

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

And send a response to the NTO letters. Say:


Dear SIP,
I am the registered keeper of car registration xxxxxxx and am astonished that you think it is acceptable to send out two 'Notice to Owners' citing the POFA 2012, and yet your Notice says nothing about appeals and POPLA, has other omissions and was sent almost a year after the alleged parking events in 2012. I suspect I cannot be the only registered keeper to be served with such non-compliant and late Notices by you, and SIP has no excuse and deserve investigation as a so-called AOS member.

Obviously I have made an official complaint to the BPA and DVLA because 'failing to advise a registered keeper about POPLA' results in sanction points and the release of my data after all this time by the DVLA is without reasonable cause, and is clearly an attempt by SIP to 'farm' data in the hope that some keepers will pay you as your letters are so misleading. Even if you obtained my data months ago, then you are too late to use it for NTK purposes, as you had just 28 days under the BPA Code of Practice to utilise the data. To store my data without an NTK being sent in 2012, in clear breach of the CoP, and then to issue a wholly misleading letter months later, is also a breach of the ICO regulations to which AOS members are required to adhere.

You must cancel these tickets immediately unless you are suddenly going to offer me POPLA for them both at your expense. For the avoidance of doubt, this letter is my challenge to both fake PCNs as the registered keeper and my appeal points so far include the non-compliant NTOs which means there is no keeper liability, and the fact you have breached the BPA Code of Practice and ICO regulations - and the parking events would have caused you no loss.

Any further pursuit of these fake PCNs against me (except to confirm cancellation or a POPLA code) will be considered harassment. If you ever attempt to take these tickets to a small claim then take formal note that I will apply to have the case struck out as vexatious.

yours,

the registered keeper (do not give them your real signature)

imanumpty

They are the first letters received (I'm confident of this as they're going to the RKs parents address and they've been panicing, if they'd had them before we would have definitely heard of it)

Can I check that CoP is Code of Practice?
(I want to ensure I fully understand what I'm advising the RK to say)

and ICO is the information commissioner's office?

Coupon-mad

Can I check that CoP is Code of Practice?
(I want to ensure I fully understand what I'm advising the RK to say)

and ICO is the information commissioner's office?

Yes to both questions. SIP are trying it on but you need to hit back hard, because they are litigious. You can stop them in their tracks with either the BPA or POPLA.