TNC Parcking Charge Notice Reminder

Charles1968

Hello,
This is my first post in the parking fines section and although I've skimmed some of the stickies, I'm not up to speed on dealing with fines for private car parks, so would appreciate any pointers.

[edited for confidentiality]

Redx

its not a fine, its a parking charge which is an invoice

courts fine you, not a ppc !

I suggest you send in a soft appeal to P4 Parking as registered keeper denying the charge and ask for it to be cancelled or a popla code issued

do not disclose who the driver is or was at this stage, so third party only in correspondence

also, re-read the NEWBIES sticky thread as all you need to know is in there

martmonk

be specific with your dates please.

As you received a windscreen ticket you were right to wait for the notice to keeper, BUT this must arrive between 29 and 56 days from the event. If it's over that then they are out of time and you can reply as such (as the registered keeper, in the third person)

Charles1968

martmonk wrote: »

be specific with your dates please.

As you received a windscreen ticket you were right to wait for the notice to keeper, BUT this must arrive between 29 and 56 days from the event. If it's over that then they are out of time and you can reply as such (as the registered keeper, in the third person)

[edited for confidentiality]

Charles1968

[edited for confidentiality]

Charles1968

This is my proposed appeal, based on reading around a bit. Any advice or tips would be hugely appreciated. Please note it was a residents' parking area requiring permits, not a retail parking lot - I'm not sure if this makes a difference?

[Cut for confidentiality. Will replace if I need to add to this thread.]

Coupon-mad

Charles1968 wrote: »

I've just noticed that my Parking Charge Notice says "reminder", but this is definitely the first letter I've seen. If TNC can claim an earlier letter went out, does this mean they I can't claim they failed to respond within 56 days?

TNC always send out a late letters, there won't have been another one.

Do NOT refer to the windscreen PCN at all, think about it, you are the registered keeper and must not imply who the driver was...you only know about this letter and you as keeper are only responding to this letter.

And I very much doubt that this is meant to be a POFA compliant Notice, I don't expect it refers to 'keeper liability' or mentions the POFA 2012 on it does it?

If not then you can't say 'it doesn't comply' because I suspect it isn't designed to! If so, then what was issued is a Notice which is fishing for the driver's details (since such non compliant documents cannot hold the keeper liable).

So (unless I am wrong and the NTK is alleging POFA 2012 compliance) you should send something to TNC which is clearly an appeal, stating that you are the registered keeper and are not liable and having received this letter you've had a look at P4Parking's signage on site, which is unclear. And the charge is not a genuine pre-estimate of loss so you wish to exercise your right to appeal as keeper to POPLA. Remind TNC that a registered keeper is allowed to appeal to POPLA following appealing the first letter received. And add the paragraph you already found, about claiming your costs when you prevail.

Charles1968

[edited for confidentiality]

Coupon-mad

''Thanks. The PCN only has one time on it, not a period, so wouldn't that make the notice invalid anyway?''


Nope because you need to stop focussing on the POFA 2012 requirements as I don't think this mentions POFA 2012 does it? If not issued under that law, then POFA 2012 rules are not relevant.

You need to know that the DVLA allow a 2 tier system:

http://forums.pepipoo.com/index.php?showtopic=79059

And I am saying I think you are describing a non-POFA ticket. So they need to pursue the DRIVER only. The worst thing a keeper could do then, would be to suddenly start talking about a windscreen ticket from months ago in the appeal to this letter.

You can still appeal as keeper but should do so quickly and only in response to the letter. You can still use POPLA as well - but good luck with extracting a POPLA code from this bunch.

Charles1968

Coupon-mad wrote: »

''Thanks. The PCN only has one time on it, not a period, so wouldn't that make the notice invalid anyway?''


Nope because you need to stop focussing on the POFA 2012 requirements as I don't think this mentions POFA 2012 does it? If not issued under that law, then POFA 2012 rules are not relevant.

You need to know that the DVLA allow a 2 tier system:

http://forums.pepipoo.com/index.php?showtopic=79059

And I am saying I think you are describing a non-POFA ticket. So they need to pursue the DRIVER only. The worst thing a keeper could do then, would be to suddenly start talking about a windscreen ticket from months ago in the appeal to this letter.

Neither the charge notice nor the PCN mention POFA. But I thought POFA was UK law, not an optional scheme that parking companies can opt out of???!!!

If this charge isn't covered by POFA, surely I lose the stronger set of appeal grounds that apply to keepers rather than drivers under POFA? What legislation should I be looking at instead of POFA?

Coupon-mad wrote: »

You can still appeal as keeper but should do so quickly and only in response to the letter. You can still use POPLA as well - but good luck with extracting a POPLA code from this bunch.

It sounds like I'm on a hiding to nothing. Would it be simpler just to cough up the £100 and be done wit it? I'm not sure I want to spend 6 months tearing my hair out if it isn't going to succeed.

Coupon-mad

Charles1968 wrote: »

But I thought POFA was UK law, not an optional scheme that parking companies can opt out of???!!!

So did we all, until the DVLA started allowing data to be released under the 'old rules' again. That's why I gave you the pepipoo link about this scandal. Shocking isn't it?

Charles1968 wrote: »

It sounds like I'm on a hiding to nothing. Would it be simpler just to cough up the £100 and be done wit it? I'm not sure I want to spend 6 months tearing my hair out if it isn't going to succeed.

Whaaaat?? Noooo! Don't PAY them! That's not what I meant at all.

P4Parking are easy to beat at POPLA, loads of people have done so, and it's not that hard to get a POPLA code. But I predict it will probably need a complaint email to the BPA about P4Parking, if TNC send you some old rubbish when you appeal.

Read the sticky thread 'Newbies read this first!' (which you may have already read I think). It has the email address for the BPA if you need to prod them - once you have a POPLA code next month then you will win because we win 100% of POPLA appeals with our wording. You'll win it in a couple of months, easily, but the test is to get that POPLA code!

It is imperative that you do not imply who was driving, since as a 'registered keeper' appellant, you are not liable. They haven't bothered with POFA 2012 so they haven't got a case against a keeper. Keep it that way.