Parking charge from Parking Control Solutions

DBrown67

First of all I'd like to say that I have read the Newbie thread, and there was some really good advice in there which I am following.

About to send off my first "soft" appeal using the template, but I'm still concerned about how I stand.

Basically today I received two letters headed "Notice to Keeper / Driver / Hirer" exactly as I've typed there. These arrived in separate envelopes today and the letters are dated 19th and 20th August respectively.

However, the "offences" are dated 14th July and 30th July respectively. That's way past the 15 days in the legislation. No, I didn't get any ticket on the car. This is the first I've heard today.

Have I got this right? Or can they get me on other time frames?

Redx

if they are using anpr photos with the notices then they havent used windscreen tickets and so the 14 day rule applies (if citing POFA2012) which clearly they have not met

if there are no anpr photos then they are using windscreen tickets , even if none were found, so the 29 to 56 day rules would apply

if they are not citing POFA 2012 , none apply apart from the 6 year MCOL rules , but then only the driver is held responsible, not the keeper

many dont even use POFA 2012 so making those timeframes irrelevant and keeper liability also irrelevant

DBrown67

When you say "using anpr photos" do you mean pics should have accompanied the ticket? Because I got no pics, just the letter. They will obviously claim to have used windscreen tickets, even though I'd have known as I never left the car each time! (won't mention that of course as that proves I was driving)

EDIT: According to the walkthrough on this site if they are claiming to have issued a screen ticket then the NTK I received should have come no sooner than 28 days, presumably to allow for any appeal. As can be seen one of them has come sooner than that at 21 days. The other is 36 days.

Redx

you need to ask them , not me, we arent clairvoyant on here you know

read the notices, either they ARE claiming POFA 2012 , or not

you have the notices, so you need to check them for compliancy and see what they are alleging and under what rules or laws if any

these companies are very devious so I wouldnt rule anything out, including lies

DBrown67

OK sorry... yes they are claiming under Schedule 4 of POFA 2012 sub paragraph (1) a 7 (2) a, b, c, d, e and f.... blah blah.

But no pics with ticket.

They ticket clearly states "A ticket was not fixed to the vehicle, the warden or an ANPR camera system observed the vehicle and photographed it, which may be later used in evidence"


Didn't see that bit at first, sorry. Just read every single line of the ticket now.

Redx

well, in that case they appear to have broken POFA 2012 so its an extra appeal point at popla (tardiness making the keeper not liable)

it doesnt negate the invoice, but gives the RK more ammunition

DBrown67

Thank you very much for your help. Much appreciated!!!

I will keep this thread up to date and post about any outcome in due course.

DBrown67

Sent an email off to them last night and had a reply already... stating that all appeals must be made in writing. I will definitely be sending it off very soon. But since when do emails not count as "in writing"?

Also, my NTK states across the top "You must not ignore this notice, you have 14 days in which to reply". Then lower down in the NTK it states I have 28 days from the date of the letter.

Now I believe it's 28 days, but the two differing time constraints are confusing. Furthermore I believe that local councils and the police must give a full 28 days to appeal from date of notification, and not from date of letter. They must give time for the letter to arrive in the post, usually 48 hours is considered enough.

Don't private parking firms have the same obligation? By stating 28 days from the letter date they aren't really giving me 28 days are they?

Guys_Dad

I would appeal to them with one appeal per ticket saying that you note from their NtK that they have said that no windscreen notice was left for the driver. You are the keeper but were not the driver..

Under these circumstances, POFA 2012 does have a provision for keeper liability but the mandatory notification period as laid out under Section 4 paragraph 9 has not been adhered to and, therefore, no keeper liability can be enforced.

You suggest that they pursue whoever was driving but, if they insist on trying to enforce keeper liability, then please send a POPLA code so that you can appeal to POPLA and they should be assured that you will contact the BPA.

Coupon-mad

Don't private parking firms have the same obligation? By stating 28 days from the letter date they aren't really giving me 28 days are they?

Short answer = no they don't have the same rules - the BPA makes up the rules. Think yourself lucky, if this was an IPC Member you'd only have 21 days from the date of the letter and then the IAS stage only gives 21 days as well.

I found these nuggets on their website:
http://www.parkingcontrolsolutions.net/

''Parking Control Solutions LTD operates on a non-contract basis. Thus giving you flexibility if you feel that you could be better served elsewhere.'' (no contract with the landowner then, just a bare licence?!!).

''Parking Control Solutions LTD gives the owner/manager the right to cancel any tickets issued on the site by phone or email.'' (Have you tried a complaint?)

''All drivers have the right to make 2 appeals to Parking Control Solutions Ltd in writing and use POPLA (Parking on Private Land Appeals) if they wish to do so.'' (two appeals? And only the driver? Tell us another one!)

This is why they didn't affix a PCN, it will be self-ticketing (a photo taken by some jobsworth on site!): SELF TICKETING

''Parking Control Solutions Ltd offers you a self-controlling parking solution, which is perfect for any size sites. This solution allows you to control any unwanted parking issues that you may encounter. This simple system is as follows
• You take a digital image of the unauthorised parked vehicle (This image must include a date and time stamp).
• You record the ticket details.
• Finally upload the image and the completed ticket via the Parking Control Solutions Ltd website.''

''Parking Control Solutions Ltd will provide you with full on-site training and we will provide you with all the signage at no cost. Parking Control Solutions Ltd will pay a commission on all successful tickets that we process.''

So that's what's in it for the jobsworth! Also shows the charge cannot be a GPEOL if they can pay a bounty!

DBrown67

Wow! Is any of that stuff useful for a POPLA appeal? Pretty sure it's gonna go that far, even though they are bang to rights on the 15 day rule. I actually did look at their site but when you explain things as you have done (like the bounty) it makes more interesting reading.

The site itself is a tiny side road of around 5 houses right next to a convenience store. Seems like at least one person who lives there is fed up of people parking there while popping into the shop, so this little scam has been set up.