Parking charge notice

Macs481

Hi all

I received a parking charge notice stuck on my car windscreen at the end of July from the PPC Minster Baywatch Ltd. After taking advice from this forum, I decided just to ignore this and wait for the Notice to keeper letter. After 3 months I had still not received any Notice to keeper letter from the PPC, so I thought the matter was closed. I have therefore not got the PCN anymore.

A couple of days ago I received a letter from Debt Recovery Plus Ltd demanding payment of £140.00.

I have read other posts in this forum about people getting letters from DRP, but all other posts I can find all say that there got a Notice to keeper letter from the PPC first. I have not received this Notice to keeper letter.

Just after a bit of advice if I should sent DRP a letter and tell them that this charge is disputed and that they should refer this matter back to the PPC or should I just ignore this letter. If the PPC send me a Notice to keeper letter now, I have read in this forum that in the POFA 2012 they have missed the timeframe of 28 to 56 days to send this letter to the registered keeper of the vehicle.

Thanks

jeanraffio

Macs481 wrote: »

Hi all

I received a parking charge notice stuck on my car windscreen at the end of July from the PPC Minster Baywatch Ltd. After taking advice from this forum, I decided just to ignore this and wait for the Notice to keeper letter. After 3 months I had still not received any Notice to keeper letter from the PPC, so I thought the matter was closed. I have therefore not got the PCN anymore.

A couple of days ago I received a letter from Debt Recovery Plus Ltd demanding payment of £140.00.

I have read other posts in this forum about people getting letters from DRP, but all other posts I can find all say that there got a Notice to keeper letter from the PPC first. I have not received this Notice to keeper letter.

Just after a bit of advice if I should sent DRP a letter and tell them that this charge is disputed and that they should refer this matter back to the PPC or should I just ignore this letter. If the PPC send me a Notice to keeper letter now, I have read in this forum that in the POFA 2012 they have missed the timeframe of 28 to 56 days to send this letter to the registered keeper of the vehicle.

Thanks

Edit #2: [info redacted]

Macs481

Thanks for the quick reply.

So the advice would be just to ignore this letter. I expect I will receive more of these letters from DRP. Would the advice just be to ignore all of these letters. You don't think that this will go further and I would end up with a county court claim form.

jeanraffio

Macs481 wrote: »

Thanks for the quick reply.

So the advice would be just to ignore this letter. I expect I will receive more of these letters from DRP. Would the advice just be to ignore all of these letters. You don't think that this will go further and I would end up with a county court claim form.

Sorry no, my fault. I wrote a reply and on reading it back it was incorrect advice. So I deleted my original message and wrote IGNORE in case anyone had read it already. Sorry.

Advice here is to NOT IGNORE the situation, but wait for someone else on here to advise....

Macs481

Macs481 wrote: »

Hi all

I received a parking charge notice stuck on my car windscreen at the end of July from the PPC Minster Baywatch Ltd. After taking advice from this forum, I decided just to ignore this and wait for the Notice to keeper letter. After 3 months I had still not received any Notice to keeper letter from the PPC, so I thought the matter was closed. I have therefore not got the PCN anymore.

A couple of days ago I received a letter from Debt Recovery Plus Ltd demanding payment of £140.00.

I have read other posts in this forum about people getting letters from DRP, but all other posts I can find all say that there got a Notice to keeper letter from the PPC first. I have not received this Notice to keeper letter.

Just after a bit of advice if I should sent DRP a letter and tell them that this charge is disputed and that they should refer this matter back to the PPC or should I just ignore this letter. If the PPC send me a Notice to keeper letter now, I have read in this forum that in the POFA 2012 they have missed the timeframe of 28 to 56 days to send this letter to the registered keeper of the vehicle.

Thanks

Anybody got any advice on this situation?

Thanks

bod1467

Write back to DRP and tell them to refer it back to their client.

"I am the registered keeper of vehicle XXXX XXX about which you have contacted me [letter reference etc.]. I have not received any Notice to Keeper in respect of this incident. I respectfully advise you to return this to your client to allow them the opportunity to follow due process.

Please note that as no NtK has been received then your client are out-of-time to instigate action in accordance with the Protection of Freedoms Act 2012. However if they wish to pursue this case then please consider this response my formal appeal. If this appeal is rejected then I expect to receive a POPLA code in any response. My appeal is based on:

GPEoL
No authority
Inadequate signage, non-compliant with BPA CoP

[See https://forums.moneysavingexpert.com/discussion/4816822 for more info so you can flesh out this bit]

Please note that any further communication that is not either a cancellation of the PCN and related action, or a rejection of my appeal with associated POPLA code, will be deemed harassment and will be pursued accordingly.

Yours faithfully
PRINT NAME [don't sign, or sign with a squiggle]"

Send that to both DRP and the PPC in question. Also read the other stickies in this forum.

I'm sure some of the better-informed regulars may see this and suggest some tweaks.

Coupon-mad

Macs481 wrote: »

Hi all

I received a parking charge notice stuck on my car windscreen at the end of July from the PPC Minster Baywatch Ltd. After taking advice from this forum, I decided just to ignore this and wait for the Notice to keeper letter. After 3 months I had still not received any Notice to keeper letter from the PPC, so I thought the matter was closed. I have therefore not got the PCN anymore.

A couple of days ago I received a letter from Debt Recovery Plus Ltd demanding payment of £140.00.

I have read other posts in this forum about people getting letters from DRP, but all other posts I can find all say that there got a Notice to keeper letter from the PPC first. I have not received this Notice to keeper letter.

Just after a bit of advice if I should sent DRP a letter and tell them that this charge is disputed and that they should refer this matter back to the PPC or should I just ignore this letter. If the PPC send me a Notice to keeper letter now, I have read in this forum that in the POFA 2012 they have missed the timeframe of 28 to 56 days to send this letter to the registered keeper of the vehicle.

Thanks

I would urgently complain to the BPA as I think this nasty firm are still AOS members (must be if they/DRP have got your data from the DVLA). Minster Baywatch take people to court sometimes, not got a good reputation at all.

email:

steve.c@britishparking.co.uk

to complain about no Notice to Keeper at all (non compliance with POFA2012 and BPA CoP). WRITE ONLY AS THE REGISTERED KEEPER WHO HAS GOT THE FIRST LETTER, NOT TALKING ABOUT THE PCN AT ALL, NOT EVEN IF ASKED. YOU ARE NOT DIVULGING THE DRIVER SO THE PCN ISN'T UNDER DISCUSSION.

and also the DVLA:

foi@dvla.gsi.gov.uk

to complain about this non compliant PPC and also to ask the date when MB - or was it DRP or their alter-ego PCS - got your data. After a windscreen ticket they had to get the data and get a NTK to you between day 29 and day 56. They failed so when and why was your data divulged at all to this non-complaint PPC with no 'reasonable cause'?

Coupon-mad

bod1467 wrote: »

Write back to DRP and tell them to refer it back to their client.

"I am the registered keeper of vehicle XXXX XXX about which you have contacted me [letter reference etc.]. I have not received any Notice to Keeper in respect of this incident. I respectfully advise you to return this to your client to allow them the opportunity to follow due process.

Please note that as no NtK has been received then your client are out-of-time to instigate action in accordance with the Protection of Freedoms Act 2012. However if they wish to pursue this case then please consider this response my formal appeal. If this appeal is rejected then I expect to receive a POPLA code in any response. My appeal is based on:

GPEoL
No authority
Inadequate signage, non-compliant with BPA CoP

[See https://forums.moneysavingexpert.com/discussion/4816822 for more info so you can flesh out this bit]

Please note that any further communication that is not either a cancellation of the PCN and related action, or a rejection of my appeal with associated POPLA code, will be deemed harassment and will be pursued accordingly.

Yours faithfully
PRINT NAME [don't sign, or sign with a squiggle]"

Send that to both DRP and the PPC in question. Also read the other stickies in this forum.

I'm sure some of the better-informed regulars may see this and suggest some tweaks.

Beware that GPEOL means nothing at all and newbies might just copy it verbatim.

bod1467

That's why I linked to your thread.

Macs481

Thanks for your time and advice. I will write back to drp and send emails to bpa and the dvla stating the points you both have mentioned above.

Macs481

Hi

I wrote back to DRP and told them to refer this back to there client. I also wrote to Minster Baywatch appealing the PCN and asked for a POPLA code if the appeal was rejected. Minster Baywatch wrote back and said that the appeal was too late, the appeal had to be sent within the first 28 days of the PCN. They also said that all future correspondence had to now take place with the debt recovery company.

DRP ignored my first letter so I sent it again. DRP then wrote back with a letter trying to justify the PCN. It also says that the PCN was not issued under the terms of POFA 2012. As the PCN was not issued under the terms of the POFA 2012 am I right in saying the RK is not liable for the PCN, only the driver is?

Is POFA 2012 not part of the BPA code of practice?

Thanks