TNC sent NTK but states cannot appeal???

HO87

Link appears to be working now.

I don't think that on any reasonable view of this letter that there can be much doubt that it can be anything other than a reminder. It does say "Parking Charge Notice - Reminder". It also states in bold (and red - don't you just love debt collectors? They must keep the manufacturers of red ink in clover) :

TNC do not accept appeals as they did not issue the PCN. All appeals must be raised with P4 Nighthawk within 28 days of the parking violation. This appeal period has now expired.

The reference to Notice to Keeper or Hirer is in a relatively small box.

I suggest that you send two shortish letters - to be sent on Monday assuming that no other letter - i.e. a Notice to Keeper - arrives in the interim:

1. To TNC stating that you dispute the charge and advising them that they should now revert the case to their clients. Needn't be more than a short paragraph long.

Second to P4 Nighthawk:

Dear Sirs

I am in receipt of a PCN Reminder from TNC Collections which relates to the issue, by you, of a PCN on 4 January 2014. For the avoidance of doubt I am the keeper of the vehicle concerned, registered number XZXZXZX.

Schedule 4 of the Protection of Freedoms Act requires that in order for you to make use of the keeper liability provisions you must deliver to me, within 56 days of the alleged parking event, a Notice to Keeper. This you have not done. Whilst the Act allows for a presumption that delivery of such a notice would be effected two business days after posting it also provides that this presumption will stand unless the contrary is shown.

I assert in the strongest terms that I have received no correspondence from you and most certainly I have received no Notice to Keeper. The first indication I had of this matter was my receiving a letter from the debt collectors to which I have immediately responded.

Given that you have failed to comply with the provisions of the Act with regard to keeper liability I therefore suggest that you take this matter up with the driver the details of whom I am under no obligation to divulge and will not be doing so.

In view of this, I therefore invite you to withdraw the parking charge notice forthwith. If you do not do so I must warn you that should you or your agents or assigns (this specifically includes TNC Collections) continue to pursue this wholly unwarranted and vexatious matter then I will hold you liable for my time (at the Court approved rate of £18 per hour), and for my reasonable expenses incurred in dealing with and researching my position with regard to this matter. Such expenses may include, but are not necessarily limited to, transport costs, photography, printing, photocopying and postage. Payment of these costs will be due on presentation of my invoice. Acceptance of these terms will be determined by your conduct.

Yours faithfully

Nameless

Nameless

HO87 wrote: »

Link appears to be working now.

I don't think that on any reasonable view of this letter that there can be much doubt that it can be anything other than a reminder. It does say "Parking Charge Notice - Reminder". It also states in bold (and red - don't you just love debt collectors? They must keep the manufacturers of red ink in clover) :



The reference to Notice to Keeper or Hirer is in a relatively small box.

I suggest that you send two shortish letters - to be sent on Monday assuming that no other letter - i.e. a Notice to Keeper - arrives in the interim:

1. To TNC stating that you dispute the charge and advising them that they should now revert the case to their clients. Needn't be more than a short paragraph long.

Second to P4 Nighthawk:

Cheers HO87, really appreciate it. Should I add any more points to the above from the first appeal template?

Should I request a POPLA code?

Thanks again

4consumerrights

+1 ^^^ for the letter to P4 Parking

Yep - link now working for me also now.

That letter is slightly different to the other ones seen - however I believe it is very misleading still assuming to be passed to the debt collection stage.

Note: top right corner - it states notice to keeper.

Then states it is a reminder in big red letters which contradicts the following:

TNC Parking Services have obtained your details from the DVLA using a 'Reasonable cause request' ........and are now acting on behalf of our client..

Therefore this IS the application to the DVLA for the registered keeper details and is in time following a windscreen ticket.

TNC are members of the BPA - so I would write a formal complaint to both the BPA and DVLA regarding this misleading letter for keeper liability denying the right for the registered keeper to make an appeal.

The letter is also dated a few weeks ago - so when was the application to DVLA made and when did this OP receive it?

4consumerrights

Nameless wrote: »

Cheers HO87, really appreciate it. Should I add any more points to the above from the first appeal template?

Should I request a POPLA code?

Thanks again

I would invite them to cancel this parking charge or supply the POPLA code, as per the terms of the counterclaim clause.

Point out to TNC that their letter is misleading and that they are also being reported to the BPA and DVLA for breaching the Code of Practice by not allowing the registered keeper to appeal - as per their misleading wording on their letter.

Include a counterclaim clause for TNC also and that the matter will also be reported to Trading Standards and the OFT as a licensed debt collector.

Nameless

4consumerrights wrote: »

+1 ^^^ for the letter to P4 Parking

Yep - link now working for me also now.

That letter is slightly different to the other ones seen - however I believe it is very misleading still assuming to be passed to the debt collection stage.

Note: top right corner - it states notice to keeper.

Then states it is a reminder in big red letters which contradicts the following:



Therefore this IS the application to the DVLA for the registered keeper details and is in time following a windscreen ticket.

TNC are members of the BPA - so I would write a formal complaint to both the BPA and DVLA regarding this misleading letter for keeper liability denying the right for the registered keeper to make an appeal.

The letter is also dated a few weeks ago - so when was the application to DVLA made and when did this OP receive it?

Lets just say TNC are liars as they dated the letter to be 13th Feb.

4consumerrights

Nameless wrote: »

Lets just say TNC are liars as they dated the letter to be 13th Feb.

I don't doubt it for one second! - which is why date of service is assumed to be two working days after posting, unless proved otherwise.

They have backdated the letter in an attempt to comply with POFA - but it is the date YOU received it that matters. Have you got a date on the envelope it came in?

Nameless

4consumerrights wrote: »

I don't doubt it for one second! - which is why date of service is assumed to be two working days after posting, unless proved otherwise.

They have backdated the letter in an attempt to comply with POFA - but it is the date YOU received it that matters. Have you got a date on the envelope it came in?

No date on envelope its franked but has some numbers on the front. Will put pic up tomorrow.

HO87

TNC's letter maybe backdated but it doesn't even begin to comply with POFA - it isn't even entitled "Notice to Keeper" they call it a PCN Reminder. Whether that letter was delivered in time is irrelevant as it is completely non-compliant. It appears to be an attempt to combine an NtK and a Notification Letter (i.e. a letter that asserts that the keeper is liable) although it contains insufficient to be either.

On the one hand it states that the time for an appeal has passed - well that simply can't be so if it was actually a NtK - and yet it contains the words Notice to Keeper. Its a mishmash dreamt up by a debt collector intent on getting their money rather than complying with the law. Given that TNC are also AOS members they have stepped outside POFA and the CoP as well as P4 Nighthawk.

Stroma

On your complaint to the dvla, ask them for the dates of all RK requests on your vehicle concerning this issue, and who made them.

HO87

Stroma wrote: »

On your complaint to the dvla, ask them for the dates of all RK requests on your vehicle concerning this issue, and who made them.

A very good idea. Wouldn't it be interesting if TNC's application was made after the 13 February?