advice wanted

Fenny42

Dear Sir / Madam

Ref : PCN *********

I have received notice from DRP Ltd of collection of a parking charge invoice and understand you requested that I deal with DRP Ltd.

For your information, I have already contacted them and denied the existence of any debt. They have been told to refer the matter back to you and not to contact me again.

I will not respond to any communication from them again.

As I have never received notices from yourselves of a parking charge invoice (a clear breach of the BPA CoP) I have been denied the opportunity to appeal within your set time scales.

There is nothing whatsoever to prevent your company from considering a challenge at any stage.
Refusing access to your industry's alternative dispute resolution procedure would be unreasonable and a breach of the Civil Procedure Rules

If I do not receive either a complete cancellation or a clear rejection of my appeal along with a POPLA code within 35 days of the above date, I will regard the challenge as accepted and the matter closed.

If DRP Ltd. are dealing with the charge notice I suggest that you cancel this forthwith and ask you to deal with this appeal and challenge as above , with cancellation or a POPLA verification code

I also intend to report this matter to the DVLA and to the BPA as a clear breach of the rules regarding sending out a Notice To Keeper PCN to the registered keeper in the first instance and not referring it to mere debt collectors!

Yours faithfully,

da_rule

Should ideally be a separate letter, as you want to complain to them, not appeal. You can include the letter and refer to it in your complaint.

Coupon-mad

If you continue to get letters from DRP later on citing the POFA 2012 be ready to respond and say that Smart Parking paperwork (which you never got anyway) does not have the wording needed to invoke keeper liability. So to mention POFA 2012 is misleading and incorrect regarding an invoice from Smart Parking, and they should cease and desist with harassing you as the registered keeper. You won't be naming the driver so Smart Parking have no prospects of success with any case and you are aware they have never tried a court claim, so any threats of such will be a further crime of harassment.

Fenny42

Hi - me again - thanks to all the advice.
I posted the letter off to Smart Parking, I made sure I posted it recorded and checked to see they had received it. They had. I had a couple of 'free' months - I hard nothing from them and assumed the matter was closed.

However, I have started to receive letters from Zenith Collections, the latest of which (I've only had two) states they intend to start taking legal action. It is the same 'contravention' as before.

Do I now do what the above-poster (Coupon-Mad) suggests?

Fenny42

I have drafted this -

Dear James Wilkins,

Re: letter dated 20/06/2014

Despite the date, this letter has only just arrived through my letter box.

I have already responded to Smart Parking regarding this matter and it is my opinion, and theirs, that the matter is now closed.

Furthermore, though I did not receive any paper work notifying me of a parking charge in the first place, it is my understanding that the Smart Parking paper work does not actually contain the appropriate wording to invoke keeper liability.

I request that you cease and desist contacting me regarding this matter as it is now harassment.

Yours Sincerely,