JAS Parking (Staples)

Stroma

There doesn't appear to be a company called 'Parking Debt Collection' , so does it actually give a company number or registered address on the paperwork?

This is worthy of a complaint to the dvla and bpa as this is seriously out of time, and there can be no keeper liability of any sort on this, by them quoting pofa 2012 it means they got no hope of collecting any money if you don't cave. I would appeal using the letter in the sticky thread, but with another point about it being out of time.

secretmachines

"Parking Debt Collectors trading as Dara Debt Recovery registered in England and Wales Registered Office: 483 Green Lanes London N13 4BS Company registration no: 8737750, Consumer credit livence : 940"

Email is enquiries@parkingdc.co.uk

Stroma

Ah yes Dara, take a look at this
http://companycheck.co.uk/director/915935317

And this
http://parkingdc.co.uk/
http://www.daradr.co.uk/

[FONT=Arial, Helvetica, sans-serif]Appeals will not be considered on the following grounds[/FONT]
[FONT=Arial, Helvetica, sans-serif]6. Your car broke down on the site.[/FONT]
[FONT=Arial, Helvetica, sans-serif]7. You have medical issues.[/FONT]

Posted this elsewhere, but take a look at this

Dara Debt Recovery Limited
The procedure is the creditor issues a claim in the County Court and gains Judgement. A copy of the Judgement is then sent to the defendant who subsequently does not pay.

If the Defendant does not accept that they owe monies then they must respond within 14 days of the form being served to them, which is taken to be the second day after it was posted by the Court.

If a response is not forthcoming within the deadline then the Court will be able to impose an order on the Defendant.

Once the Court have learned of the Defendants decision and allocated the case to the small Claims Track. Both parties will be sent a notice of allocation, which gives information on what needs to be done in order to prepare for the hearing.

The notice of allocation will include directions which must be adhered to, otherwise you may be at risk the case being postponed and having to pay the costs regardless.

secretmachines

so...?

1) an email to Parking Debt Collection using the template, adding an final bullet point to say that the NTK is received later than the required 56 days. (copy in JAS too?)

2) an email to dvla and bpa (copying in Parking Debt Collection and JAS Parking) with a complaint about the lateness of the NTK (presumably there is a template for this too... am just about to start reading the newbie thread again)

Stroma

1) Just appeal to whoever they say on the NtK they have sent
2) There are no templates to the bpa and dvla regarding complaints, just send in a copy of the NtK saying that is well beyong pofa 2012 guidelines and ask them what they are going to about it. Ask the BPA how many sanction points they are going to issue.

This is what the BPA says

LEVEL 3
3.1 Major failure in communications to customers

LEVEL 4
4.2 Significant failure in communications to customers

secretmachines

thanks Stroma, I'll send the appeal to the appropriate correspondence in the NTK letter.

what was the relevance of the CCJ quote from the Dara website?

(what a lovely picture of a skinhead thug on their website by the way!!!)

Stroma

Because issuing a claim is not a forgone conclusion of a win, they are making it out as if they will get that win! Also paragraph 4 is in the wrong place, and doesn't make sense where it is.

Basically it looks as if that thug has written this himself

secretmachines

just to double check (sorry!)

am i sending this template:

Dear {put here the company name of this member of ''PPC World''},

PCN number xxxxxxx
I have received your parking 'invoice' impersonating a parking ticket. I decline your invitation to pay or name the driver, neither of which are required of me as the keeper of the vehicle. This is my appeal and all liability to your company is denied on the following basis:

...

5. The means to make an appeal to POPLA or the IAS. This must not be withheld or delayed, which would be a breach of the Code of Practice.

If you fail to simply cancel the charge or supply the means to independent appeal in your first reply you will also be reported to your applicable ATA and the DVLA. A certificate of posting will be obtained for all written communications for this appeal and complaint and I intend to claim my costs when I prevail.

Yours,

Stroma

Yes in response to the NtK

secretmachines

right, I think I'm about ready to hit 'send'. do you think this is a good addition to the end of the email:

I would like to note that I have never received any correspondence from JAS Parking, not least to my appeal, sent on 9th March 2014.

I would also like to note that the “Notice to Keeper” letter I received (dated 3rd September 2014) was received 6 months after the PCN was issued. I understand that this is required to be sent between 28 and 56 days after the date of the PCN. After 56 days, which this case is, only the driver of the vehicle can be pursued.

Both of these points contravene the BPA AOS Code of Practice: Contraventions & Sanctions, under Levels 3 and 4:

LEVEL 3
3.1 Major failure in communications to customers

LEVEL 4
4.2 Significant failure in communications to customers

I look forward to receiving confirmation that you have received this email, and the subsequent cancellation of the parking ticket. Otherwise I welcome the case being sent to POPLA and I will have no hesitation in contacting the DVLA and BPA in regard to the above contraventions of the Code of Practice.