Parking ticket in a private spot

marywooyeah

Hi all,

Below is a draft of the letter I intend to send to the company - could you look over it and give your opinions please?

I write in response to your letter dated XXXX

Your letter makes no reference to my letter sent to you on XXX.

I have enclosed a further copy of this original letter for your consideration.

Your letter dated XXXX states that you will “sell my debt” to a debt recovery agency if I do not pay the £100 parking charge notice.

As you know, your parking charge notice is nothing more than an unenforceable request for payment which has no valid legal basis, therefore there is no debt which can be sold to any debt recovery agency.

Any further threats to sell this non-existent debt will result in a complaint to the British Parking Association.

I consider this to be the end to the matter.


So, yay or nay?! :rotfl:

Coupon-mad

It won't have any effect though. Not strong or rude enough.

marywooyeah

This is getting stupid now. They've responded to my letter (which included a second copy of my template appeal as they failed to acknowledge the first) simply stating:

"Thank you for your letter, however the appeal period is 28 days from the issued (sic) of the PCN which was XXX."

Well, it's nice to see they spell check their letters before sending them out! :rotfl:

Seriously though, my appeal letter was sent within 28 days of the NTK (even though that wasn't properly served and was called a "notice to owner"!) and this is the second time they've failed to acknowledge the content of the appeal, let alone sending me a POPLA code!

It's ridiculous. I don't want to get into protracted correspondence with them as I want it done and dusted. What's the next best step from here?

marywooyeah

http://www.cpsmidlandsltd.co.uk/

Have you seen their website??!!!

"Legal, ethical and non confrontational parking solutions for private and public property without the need for wheel clamping"

Yeah, because it's illegal! :rotfl:

Non-confrontational? Is that what they call sending letters threatening to sell non-existent debts?!

Coupon-mad

Already told you the next step:

Coupon-mad wrote: »

You should complain to the BPA by email and show them all the letters (being careful not to talk about who was driving). There are soooo many lies and misleading words in the NTO (Charge Certificate!!) and now you have the lie that they 'WILL sell the debt' when we know that a PPC cannot sell a debt (there is no credit agreement and no scope/small print allowing an AOS member to sell a charge on to a firm outside of the BPA Code of Practice). They can get a debt collector to write but they can't sell the 'debt'.

marywooyeah

Many thanks coupon mad, I'll get on it - they just make me so cross! :mad:

Hot_Bring

As we seem to have a moron stopping proper threads being displayed ..... bounce.

marywooyeah

Coupon-mad wrote: »

You should complain to the BPA by email and show them all the letters (being careful not to talk about who was driving). There are soooo many lies and misleading words in the NTO (Charge Certificate!!) and now you have the lie that they 'WILL sell the debt' when we know that a PPC cannot sell a debt (there is no credit agreement and no scope/small print allowing an AOS member to sell a charge on to a firm outside of the BPA Code of Practice). They can get a debt collector to write but they can't sell the 'debt'.

I'm very sorry to have to post again but this sorry affair is still going on.

I complained to the BPA some time ago, scanned in all the letters from both sides and set out the chronology of the matter, as well as setting out the fact that the NTK was received outside the 56 days and the fact that the PPC have failed to provide a POPLA code or even refer to POPLA at all, placing them in breach of POFA 2012 and the BPA Code of Conduct. In the meantime I keep receiving debt collection letters, this time from another debt recovery company.

I waited ages for the BPA guy to get back to me and he's responded today with this:

Dear Ms

I have received communication n from CPS Midlands regarding your complaint.

CPA Midlands state that:

The NTK that was issued was from very old stock, and certain information had been crossed out and hand written, to make sure that they were materially correct.

These will shortly be replaced by new updated and amended NTK’s.

1. The original parking charge notice (PCN) was issued on
2. Their application to DVLA was on
3. Response from DVLA received
4. NTK sent out same day
5. Final reminder sent
6. Passed to debt recovery company on
Appeal department received an undated letter of appeal after the relevant information passed to their debt recovery company.

There is no mention of Schedule 4 of Protection of Freedoms Act 2012 on the NTK, therefore the 14 & 56 day time limits do not apply.

What CPS Midlands are stating is that the appeal letter sent was received well outside the 28 days allowed for appeals, and they state that it is now with the debt recovery.

At this point it is beyond the remit of the BA, in that no breaches of the code of practice have occurred.

I am closing this case of.

Regards

What the actual heck? The BPA are saying that as the PPC sent me an old letter that makes no reference to POFA 2012, they are not bound by the terms of the legislation?

That's outrageous, of course they're bound by the legislation!

So now I am no closer to a resolution, the BPA aren't willing to accept a breach of POFA or their own Code of Conduct and I've now moved house so am worried that debt collection letters will be going to the old house. I am also worried that if they issue court proceedings then they will go to the old address, I don't want a CCJ against me, but similarly I don't want to contact them to give them my new address either as I want it to go away.

I really don't know what to do and I can't make a POPLA appeal without the code - really hitting a brick wall here and any advice would be appreciated. TIA

Technics

I can only assume the BPA is inferring that because they don't mention PoFA that they aren't claiming keeper liability.

I'd simply write to CPS them informing them of your new address. That way if they do serve court papers they will need to do it to to your new address (by the way they are idiots if they do). I'd also state that they have not met the requirements under the legislation so they cannot invoke keeper liability. Hence you are not liable for any charge and you are choosing not to identify the driver as you are under no obligation to do so. Finally state that the debt is denied and that you will pursue them for further costs incurred if they do continue to pursue the matter.

Umkomaas

Follow as above, but you'd better amend post #6 in this thread, as it ain't gonna work otherwise!

Also check every other post you've made on this, to ensure the thread is 'sanitised'.