TPS charge notice + Debt recovery

Rectangle_2

Because this was also an old ticket. Should we report non-compliance only to the BPA and DVLA and wait for their respond, or should we also send an exact copy to PCE?

Coupon-mad

Who are PCE?

Rectangle_2

Omg sorry for the mistake.
We meant PPC and not PCE. And they're TPS as in the header.

HO87

Rectangle wrote: »

Because this was also an old ticket. Should we report non-compliance only to the BPA and DVLA and wait for their respond, or should we also send an exact copy to PCE?

By all means complain to the DVLA and if you feel so inclined to the BPA Ltd. Most certainly do not write to the PPC again.

Rectangle wrote: »

Omg sorry for the mistake.
We meant PPC and not PCE. And they're TPS as in the header.

See above - There is little point in tipping-off the PPC you are complaining about that the DVLA are going to be looking at them (potentially). The same applies to the BPA Ltd - that is, in any event, just an old-fashioned trade protection society rebadged.

I may have missed something but between the original ticket and the demand from DR+ did you receive any other letters? Secondly, how many days were there between the alleged "parking event" and you receiving TPS's first letter (the day of the "parking event is Day 0)?

Rectangle_2

Thanks for your response.
We're dealing with two tickets, but on a separate occasions.
Few letters were delivered; original, final reminder-legal action pending and DRP. Between alleged ''parking event'' and the first letter (or issue date) it was 20days.

Coupon-mad

So if the first letter was the first you knew about it then they sent this out of time. A postal PCN has to be received by day 15 or there is no 'keeper liability' at all. When you email the BPA and DVLA make sure (of course) that you do not let on who was driving - so no talking about the parking on the day or about the sign at all!

Just a complaint email, saying you are the registered keeper, are not liable because the letters arrived too late, but that the PPC are still harassing you. Attach scan/photo copies of the letters and say it's highly upsetting for the registered keeper to keep receiving these unjustified threats of court among the Christmas cards.

Rectangle_2

DRP reply; refused the details of the "keeper of the day"...
They are saying:
- As per BPA point 22.7 driver/keeper was allowed 28 days of time to challenge the PCN...
- Time to challenge the charge expired and access to POPLA no longer available...
- If you don't pay or disagree with us we may not reply to you...
- Pay us the money or the legal action...
- Registered keeper liability...
- Parking ticket has been issued under PFA201 etc...

Coupon-mad

So as already explained above, that's wrong because TPS missed the POFA2012 deadline to establish keeper liability. You have said above that, between alleged ''parking event'' and the first letter (or issue date) it was 20days (so 22 days at least by the time you would have received it).

So no POFA 2012 applies. The ticket was not issued under POFA 2012 at all because it was sent too late.

Complain to the BPA (as the registered keeper only) about TPS using an agent who do not understand the POFA 2012 deadlines and yet are still alleging keeper liability when it does not apply here.

You could also report DRP to the Credit Services Association for pursuing the wrong party (registered keeper) in a case where the PPC has missed the POFA 2012 deadline for the first Notice to keeper. DRP are citing a law which does not apply, so this is a breach of the CPUTR 2008 (misleading terms/unfair trading practices).

Rectangle_2

Coupon-mad you're faster than the speed of light. Thanks.

There are two tickets.
So this reply was regarding the ticket which was issued-delivered in the correct time frame by PPC.

Coupon-mad

OK so take the other 'attack stance' then; find the ways in which that NTK didn't comply on wording! Compare it to the words in paragraph 9 of Schedule 4 of POFA 2012. Easier than it sounds as para 9 is written in simple bullet points and is linked in the ''Newbies read this first'' sticky thread.

Can't believe that TPS have issued a 100% compliant Notice!