London Parking Solutions - Late to send NTK

95theses

HI All,

I wonder if I could get some advice on this letter from London parking Solutions/Roxburghe solicitors for a friend of mine as it doesn't seem to fit into the standard advice on here.

The first letter came dated 7th November regarding an alleged parking violation on private land on the 31st May, it was addressed to the registered keeper of the vehicle from Roxburghe Solicitors and is as follows:

******************************
Date 7/11/2113
Issue Date 31/5/13

We have been instructed by the above named client (London Parking Solutions) who has informed us that a PARKING CHARGE NOTICE ("PCN") was issued to the above mentioned vehicle and the driver should have paid it. our client has advised that they have not yet recieved payment, any valid reason for non-payment or any dispute.

Your data has been released by the Driver and Vehicle Licensing agency (under regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002 and their records indicate that you were the registered keeper of the vehicle at the relevant date and time.

In line with the terms and Conditions of parking at the above site, recovery and administration charges have been incurred which are added to the Total Amount Due and the driver is responsible for payment.

If you were not the driver at the time, please contact us and tell us who was driving your vehicle at the time of the unauthorised parking event.

Yours Sincerely

**************************

So,

I read on here and realised this was well outside the relevant time scale for letters under POPLA and drafted the following response which he sent:

**************************

Without Prejudice

Ref: XXXXX

Dear XXXX,

I am writing to you in relation to the alleged “Parking Charge Notice” Number: XXXXXXXX , of the 31st May 2013, reference above.

Firstly I deny any charge to London Parking Solutions.

Secondly, under the terms of the Protection of Freedoms Act, a valid notice to keeper must be delivered to the owner no later that 14 days after the vehicle was parked (if no ticket was issued)
Even if a ticket had been issued and subsequently blown off or lost, you or your client would have had between 28 and 56 days to issue a notice to keeper.

As it is now long past 56 days since the alleged offence I do not believe you have the right to issue a notice to keeper and if I receive any further correspondence intimating that you do I will draw the matter to the attention of POPLA and the DVLA and ask them to rule on the matter.

Regards

XXXX

**************************************

I thought that might be the end of it, but he has now recieved the following from them:

**************************************

We are in reciept of your letter dated 18th October the contents of which have been noted.

We have investigated the points you raised and can confirm that due to a system error an incorrect letter was sent in relation to your account. Please accept our sincere apologies for this error and further accept this letter as confirmation that your account does not fall under the remit of the Protections of Freedoms Act ("POFA")

We would further confirm that our client has instructed us to pursue this matter under Civil contract Law, should we not recieve either payment in full or details of the driver responsible for the notice.

We would urge you to contact us to resolve the matter without the need for further recourse which could result in furthre costs being applied to your account.

Yours Sincerely

XXXXXX (Different name to signatory on first letter)

**********************************

So,

Am I correct that I can advise him to just reply and say that they need to contact the driver at the time of the alleged incident and stop bothering the registered keeper?

Because he has no need to tell them who the driver was as they are outside of the POFA?

Thanks for any advice in advance!

bod1467

They are saying they are pursuing under contract law. Therefore they can ONLY pursue the driver. The keeper is under no obligation to identify the driver.

So you (your friend) is in the pre-POFA position where Ignore still applies, until and unless court papers or an LBA/LBCCC is served.

Note: As I recall, Roxy have no powers. All that'll come is a series of threatograms (perhaps also from Zenith?) then it'll likely all go away.

If you (he) feel the need to respond, check out this thread. https://forums.moneysavingexpert.com/discussion/4814108

Redx

my thoughts were that I wondered why you had said in the first letter you would draw the matter to the attention of popla ?

you cannot go to popla without a popla code from the PPC, so maybe the BPA or the DVLA etc

clearly no popla code arrived as no NTK arrived , but as above there is no need for the RK to identify the driver and they seem to be fishing for it if you ask me

its their problem if correct procedures are not followed and all the RK has to do is deny the charge which has already been done once made aware of it

as for the actual legalities, I would check any further replies that may clarify the time scale issues and POFA issues seeing as it supposedly happened in 2013

good luck

bod1467

Nothing to clarify - the PPC dropped the ball, have passed it to Roxy and they are just fishing.

95theses

Thanks Both.

Am I right in saying that as they don't know the name of the driver and they did try and pursue a court claim (however unlikely that may be) if he wrote to the court saying he was not the driver it would be thrown out?

And in your experience are they more likely to clear off if he writes and explains that to them or just cuts all contact now? - they must know they need the driver details.

(Also he genuinely may not have been the driver, it was a long time ago and someone else can drive the car and may have parked there)

I'm helping him out because he's Italian and isn't sure on the language for something like this.

Thanks again.

Umkomaas

I wouldn't make any further contact, they'll see you as a 'hooked fish' and will continue harassing you hoping for a cave-in.

Only the PPC, the landowner or a solicitor acting for either can issue you (friend) with a LBCCC - if that arrives (from whoever), get back. Debt Collectors cannot issue LBCCCs on behalf of anyone else.

Just to give you some further peace of mind in the context of LBCCC, please have a read of lazydaisy's sticky thread at the top of the forum index (Daisy is a retired solicitor - so professional advisory input).

HTH

95theses

Righto,

Ignore it is, until they send actual court documents.

I'd quite like a day in court over something like this, do you think I could represent him?!

Thanks so much

Umkomaas

95theses wrote: »

Righto,

Ignore it is, until they send actual court documents.

I'd quite like a day in court over something like this, do you think I could represent him?!

Thanks so much

See here about how the small claims track works and lay person involvement:

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

And here is an indication of how litigious London Parking Solutions have been over the last 12 months (or not!).

https://www.whatdotheyknow.com/request/179544/response/444525/attach/3/A%20FINAL%20REPLY%20TO%20LEWIS%2085865.doc

Coupon-mad

Not sure I would do nothing, in your shoes. Here's another suggestion:

The letter from Roxburghe was the first letter so it was the Notice to Keeper. It even tells you that in so many words because it says 'the driver hasn't paid so we've got the keeper's data now'. OK so that's a Notice to Keeper then.

They have now said 'ooops sorry we didn't mean to refer to POFA 2012'. Well that doesn't let them off issuing a POPLA code, because POPLA is for all cases rejected. Write and point out that they omitted a POPLA code and refer them to the POPLA newsletter and tell them you've reported them for it:

http://parking-prankster.blogspot.co.uk/2013/11/popla-november-2013-newsletter.html

and report Roxburghe (who are an AOS member) to the BPA and DVLA because them getting it wrong re POFA 2012 doesn't give them a reason not to issue a POPLA code. Attach copies of their letters and send them to Steve Clark at the BPA and David Dunford at the DVLA; email addies shown in the NEWBIES sticky thread.

I would dig for that POPLA code. LPS read this forum and LPS have tried court I seem to recall. They also allegedly send misleading pm's to people I seem to recall, and they quote forum threads (hahaha).