TNC- Worried!

VickyA1979

Hello. In January 2013 one of our company vehicles received a fine from P4Parking for parking at a site we were working on. We did have a visitors permit, but it was not evident in subsequent correspondence which included photos of the vehicle.

I did some research online and I am sure the advice was to ignore everything, which I did. I received numerous phone calls, and after a while, I started receiving letters from TNC, which were also ignored.

The last I heard from them was in September 2013.

Until today... I have received a Notice of Intended Further Action from TNC.

All the letters received have been addressed to our company name, with a few saying c/o "the directors name"

I'm panicking a bit, as the advice now seems to be not to ignore.

Any ideas of what I should do? Any advice would be most appreciated.

bod1467

It's simply another threatogram. Notice of Intended Further Action.

So they intend to do SOMETHING, but what? Answer? Nothing ... because TNC can't do anything. P4Parking could do so, but it's unlikely that they will.

Was there a windscreen ticket for the incident? (Or alleged that there was?) Or was the first notification through the post?

If there has been no Notice to Driver (windscreen), and only a Notice to Keeper (post), then the Keeper (you/your company) can name the Driver. This then discharges any company liability and the Driver can then go through the normal appeals process.

See my signature for where to find more info.

PS - in January 2013 the Ignore advice may still have been prevalent, because POFA 2012 (which allowed Keeper liability) hadn't been in force long, so things were still new to everyone.

Coupon-mad

VickyA1979 wrote: »

Hello. In January 2013 one of our company vehicles received a fine from P4Parking for parking at a site we were working on. We did have a visitors permit, but it was not evident in subsequent correspondence which included photos of the vehicle.

I did some research online and I am sure the advice was to ignore everything, which I did. I received numerous phone calls, and after a while, I started receiving letters from TNC, which were also ignored.

The last I heard from them was in September 2013.

Until today... I have received a Notice of Intended Further Action from TNC. All the letters received have been addressed to our company name, with a few saying c/o "the directors name"

I'm panicking a bit, as the advice now seems to be not to ignore.

Any ideas of what I should do? Any advice would be most appreciated.

The advice changed around Spring 2013 but some of us were advising POPLA appeals as early as November 2012 so I think you might have read older threads rather than page one of the forum, or you read threads where people hadn't got on board with the advice to appeal instead.

Anyway the good thing is that P4Parking and TNC do not send a compliant Notice to Keeper (NTK) letter at all. So the registered keeper cannot be held liable but you'll need to point that out to TNC. But stop panicking and remember it is ONLY TNC and they are a tiresome debt collector pen-pusher who cannot take a case to small claims, despite the scare tactics in the letters.

So I would robustly respond to the TNC letter, following the advice in the NEWBIES sticky thread post #4 about debt collector stage and 'making a robust response' (as advised in a link by zzzLazyDaisy who is a retired solicitor).

So go to post #4 of the top sticky thread, read the links, prepare a robust reply. Add to it the fact that your company has no trace of ever receiving a compliant 'Notice to Keeper', only debt collector letters which were rightly ignored in the absence of the requisite legal document. Therefore there is no keeper liability under POFA 2012. If they beg to differ, you require a true copy of the 'Notice to Keeper' upon which they are relying. If they do not send a copy of the NTK then they have not shown any cause of action and if they should pursue the matter, the company will charge them for your wasted costs in defending and responding to the matter. Your company has already wasted (say!!) £45 (or whatever you want to stipulate) in man hours, post and administration of this ridiculous series of letters and any claim will be counter claimed for your own costs and time, court and legal fees.

Or - name the driver (name and address) and drop him/her in it and let them defend it if P4Parking try a (pretty much doomed as they are worse than useless) small claim. You may prefer to send a letter with the name and address of the driver, because it means the company has zero liability...but then again I am already telling you that without a NTK, you already had zero liability and just need to shove that fact down TNC's throat!

At least you didn't ignore a ParkingEye one! This lot in your case are utterly hopeless, tried a couple of small claims last year then dropped them, couldn't cope. Would definitely have been defendable!