Parking Charge from PCS - received 6 months after?!

Coupon-mad

I think I would send an email to Gemma and ask her why the PPC has been allowed to get away with not sending you a POPLA code even though you appealed soon after you got the very first Notice in the post. Don't talk about any windscreen PCN or the parking event and I wouldn't even mention the previous complaint emails - start from scratch and let her look into it.

Find Gemma's email by searching the forum for 'Gemma' or 'Ridgewell'.

In my experience Peter whatshisname fobs people off.

LillyJo

prosnap wrote: »

Did you get proof of posting for the appeal to the PC?

Yes I did :-)

LillyJo

Post deleted

LillyJo

Post deleted

LillyJo

The BPA have now confirmed that the PPC isn't using POFA, and apparently have spoken to the PPC who says 'they're willing to listen to my appeal if I write/email them'.

Seems I am going round in circles with all of this as I originally appealed with the template letter after the first PCN was received. I have yet to ever get any acknowledgement for it or any other communication since.

So am thinking of sending another appeal email, as below:

Dear Sir

I am the registered keeper of the vehicle registration number ******* and confirm receipt of your letter dated ********* which refers to a Parking Charge Notice, reference ******, issued ******.

I deny any liability to pay this parking charge.

As you appear to be circumventing the requirements of the Protection of Freedoms Act 2012, the registered keeper is not responsible for this charge, but the driver. I therefore suggest you take this matter up with that person.

Please note I have no legal obligation to name the driver.

Notwithstanding that point, I deny I have any contract with ********** and the amount claimed constitutes an unlawful penalty, as it is not a genuine pre-estimate of any loss you pretend you have. Furthermore, I contend that you have no legal authority to pursue any charge at all, as you have provided no indication of having the right to recover any unpaid parking charges, and cannot provide me with details of the contract you claim to have.

As you are aware, I have made a complaint to the BPA with regards to several instances of non-compliance with their regulations, and, assuming I am able to trace the landowner, I shall inform them of my complaints above too.

With reference to section 7 of the Data Protection Act 1998, I request that you supply a copy of all data you hold relating to me or my vehicle, including all correspondence with DVLA and any photographic, video or other evidence you hold. I do not expect to pay for the release of my personal data, as you would be required to disclose this information as evidence in any further legal action. Should you fail to respond to this request within 40 days, I shall make complaint to the Information Commissioner's Office.

Should you wish to pursue this matter further, then I will of course raise all of these points and others in favour of my case at all necessary stages.

You should be aware that if you do continue to pursue myself as keeper, then I reserve the right to raise a claim for my costs and time against you at a court rate of ￡18 per hour. My costs are not exhaustive and will include stationery, stamps, travel expenses and any legal costs etc., and by continuing to pursue me you agree to pay these should I prevail.

In view of the all of the above, most significantly that you are pursuing the wrong person, I look forward to receiving your written confirmation by return that this parking charge has been cancelled.

Yours faithfully,


********
Registered Keeper


I got this from a post that I read on this forum about a PPC who was not using POFA.

Should I include the DVLA paragraph? Is there anything else I need to add or change? Or should I just wait and see what happens next? I'd rather be proactive though.

Thanks

LillyJo

Coupon-mad

That's good. I would not include this:


With reference to section 7 of the Data Protection Act 1998, I request that you supply a copy of all data you hold relating to me or my vehicle, including all correspondence with DVLA and any photographic, video or other evidence you hold. I do not expect to pay for the release of my personal data, as you would be required to disclose this information as evidence in any further legal action. Should you fail to respond to this request within 40 days, I shall make complaint to the Information Commissioner's Office.




And I would finish like this:




In view of the all of the above, most significantly that you are pursuing the wrong person, I look forward to receiving your written confirmation by return that this parking charge has been cancelled. Failing that, as you ignored my appeal originally despite my proof of postage, you will need to send me a POPLA code.

LillyJo

Coupon-mad wrote: »

That's good. I would not include this:


With reference to section 7 of the Data Protection Act 1998, I request that you supply a copy of all data you hold relating to me or my vehicle, including all correspondence with DVLA and any photographic, video or other evidence you hold. I do not expect to pay for the release of my personal data, as you would be required to disclose this information as evidence in any further legal action. Should you fail to respond to this request within 40 days, I shall make complaint to the Information Commissioner's Office.




And I would finish like this:




In view of the all of the above, most significantly that you are pursuing the wrong person, I look forward to receiving your written confirmation by return that this parking charge has been cancelled. Failing that, as you ignored my appeal originally despite my proof of postage, you will need to send me a POPLA code.

Many thanks C-M!

And if it ends up going to POPLA, will my appeal be much different to those examples in the sticky if POFA isn't used?

LillyJo

Coupon-mad

Your appeal will be like those in the sticky thread that include the words that there is no keeper liability due to no compliant Notice to Keeper being received in time and with the statutory wording. You will win if you get the POPLA code out of them!

LillyJo

PLEASE HELP!!!!

Ok, it's been nearly 2 years since my last post and I never heard a thing from the PPC (A M Parking) to say if they had rejected my appeal, neither did I receive any POPLA code. I also complained to the BPA for breaches and they were going to look into them. The whole thing went completely dead.... until now!
I've just received a letter from Gladstone's solicitors saying that their client has instructed them to recover the parking charge now at £150 before taking legal action in county court. Letter is dated 1 Sep and only received it today!

Shall I resend my appeal letter and state that I never received any correspondence or a POPLA code? Please help.

The letter says "our client may now instruct us to take legal action against you.... " And all proposals should be sent directly to DRPL, it then says make payment online via the debtrecoveryplus website. So is this just another letter to ignore or not? And the letter is not signed by anyone - can I report them to the SRA?

Does anyone have any info on if A M Parking have actually taken anyone to court too?

LillyJo

Please advise if I should resend an appeal letter by email or post, and should I send to both DRPL and the PPC? This is what I sent before in November 2014 (and had no reply since!). Should I change anything?


Dear Sir

I am the registered keeper of vehicle registration number ***** and confirm receipt of your Letter to Owner dated *****2014, which refers to a Parking Charge Notice, reference *****.

I deny any liability to pay this parking charge.

As you appear to be circumventing the requirements of the Protection of Freedoms Act 2012, the registered keeper is not responsible for this charge, but the driver. I therefore suggest you take this matter up with that person.

Please note I have no legal obligation to name the driver.

Notwithstanding that point, I deny I have any contract with *******, and the amount claimed constitutes an unlawful penalty, as it is not a genuine pre-estimate of any loss you pretend you have. Furthermore, I contend that you have no legal authority to pursue any charge at all, as you have provided no indication of having the right to recover any unpaid parking charges, and also cannot provide me with details of the contract you claim to have.

As you are aware, I have made a complaint to the BPA with regards to several instances of non-compliance with their regulations and they are currently looking into these.

Should you wish to pursue this matter further, then I will of course raise all of these points and others in favour of my case at all necessary stages.

You should be aware that if you do continue to pursue myself as keeper, then I reserve the right to raise a claim for my costs and time against you at a court rate of ￡18 per hour. My costs are not exhaustive and will include stationery, stamps, travel expenses and any legal costs etc., and by continuing to pursue me you agree to pay these should I prevail.

In view of all of the above, most significantly that you are pursuing the wrong person, I look forward to receiving your written confirmation by return that this parking charge has been cancelled. Failing that, as you ignored my appeal originally despite my proof of posting, you will need to send me a POPLA code.

Yours faithfully


***********
Registered Keeper