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PCN Received A S Parking

Hey everyone,

My gf had a ticket for 8 minutes overstay in a carpark (or at least that is what has been put on the PCN), the signage is rubbish (only at the entrance) and it is a free Starbucks carpark so as far as I'm concerned a £100 charge isn't a "genuine pre-estimate of loss".

I've read the flow chart that says ignore the PCN (windscreen ticket) until they send a NTK in the post. Unless the company is "small", I am inclined to ignore this PCN as they are part of the BPA and I presume they need to adhere to their process, however I don't want to skip straight to debt collection letters if I can help it and they are as far as I'm concerned "small"?

The company is A S Parking, who are a member of the BPA - should I appeal now or appeal when they send a NTK in the post?

Much appreciated, this forum is such a great resource for these con-artists, thank you! :beer:

Comments

  • Wait for your NtK, it gives you a valuable additional appeal point based on POFA (i.e. their non-compliant NtKs)

    If you are worried that it will never arrive, then send in the template appeal on day 22.

    Also get a strongly worded complaint into Starbucks as the Registered Keeper around the same time.

    In the meantime have a good read through the Newbies thread, and successful POPLA appeals - it will open your eyes to the sharp practice used by these companies.
  • Thank you! I'll await the NTK in which case. I'm not overly concerned about this and have taken it upon myself to not let her pay it (she was keen to pay the "early charge") with the promise I'll pay all costs if we don't get this revoked!

    They have 56 days to send the NTK right? Once I get that I'll appeal with the template and also send a letter to starbucks as the registered keeper.
  • Coupon-mad
    Coupon-mad Posts: 149,921 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They can send the NTK later but without keeper liability if they do! I seem to recall AS Parking send a rubbish/misleading first letter.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Ok so we've now received the NTK (actually a couple weeks ago).

    I've attached the NTK with the appropriate private bits deleted, does this all look normal?

    With regard to writing a letter to Starbucks, do you have any tips on how to word such a letter? I have a feeling based on the NTK appeal not admitting guilt that the Starbucks letter should follow suit? But I'm not sure how we can do that and still have a strong argument to Starbucks? (Ie we're paying customers working from your Cafe - but that assumes guilt?)

    Here's the pictures of the letter (i'm new so can't post direct links unfortunately!):
    s12.postimg.org/xe0gspwm5/front.jpg
    s12.postimg.org/4vwmeue71/back.jpg

    Thanks again for your help and happy holidays everyone!
  • Umkomaas
    Umkomaas Posts: 43,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Ok, so as far as I can see my next steps would be to use the template letter from the Newbies thread to appeal the parking ticket.

    I am also going to write Starbucks Managing Director in the UK (via email):
    Dear XXX XXX,

    OFFICIAL COMPLAINT ABOUT A S Parking, AS AGENTS FOR Starbucks UK
    I am forced to make an official complaint to you because the actions of your agent, A S Parking, are upsetting, intimidatory and will drive away genuine Starbucks customers in the long run. You can no doubt guess that we have received a letter purporting to mimic a 'parking ticket' from A S Parking - and yet we knew nothing about any issues at the time when we stopped off at Starbucks.

    We stopped into your Starbucks Chiverton store to discuss work matters with some colleagues and to enjoy a couple cups of your coffee, whilst unbeknown to us that the business had recently added a car parking time limit to this car park of 2 hours, supported by A S Parking.

    Whilst your coffee is and always is superb it has now left a bitter taste in our mouths because out of the blue we have now been sent a fake parking ticket by your agents for apparently 'overstaying' this time limit. We are now expected to have to explain our actions to a third party private company who we had no dealings with, no contract with, and who are demanding a lot of money from us - in my book that is totally unacceptable.

    We are very upset and increasingly angry about this entire episode. After an enjoyable stop off at this Starbucks store it has now left a nasty experience of our visit. Our family is horrified that Starbucks can allow such a notorious firm to harass customers on your behalf. We do not have a receipt now because we paid cash and discarded the receipt. We had no idea about any 2 hour limit - or indeed any possibility of getting a 'parking ticket' - until as the registered keeper of the car, I was suddenly sent a demand by your agents.

    I have researched the matter and intend to escalate my challenge against A S Parking to the independent stage (Parking on Private Land Appeals). However, I am giving Starbucks the chance to quash the fake PCN once and for all because I feel you need to know that you and your agents are alienating genuine customers due to A S Parking's zero-tolerance policy.

    I would welcome your own view on this harassment and hope you see fit to ensure that A S Parking cancel the 'ticket' forthwith.

    Yours faithfully,

    XXX XXX

    A S Parking Reference Number:

    Anything else that we should do now, or is it just a matter of waiting for the appeal rejection/response from Starbucks and then raising this with Popla?

    I'm guessing I should send this normal postage but get proof of postage from the post office?
  • Umkomaas
    Umkomaas Posts: 43,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    With regard to writing a letter to Starbucks, do you have any tips on how to word such a letter?

    And there's you asking for tips? Your complaint letter is just fine, other than perhaps you might want to give Starbucks a couple of further things to think about.

    1. You will be living proof that, unless the charge is dismissed, the actions of ASP will have achieved the goal of losing Starbucks your custom and that of your family and as many friends that you will be trying to get to follow you in the boycott.

    2. With more private parking companies seeking to enforce parking charges through the court, in the event your charge is pursued in this way, you will call a senior representative of Starbucks to attend as a witness. Ask them for the name of the representative so you can serve notice on them in due course. (Complete bluster, but they probably won't realise, and given the garbage you're having to deal with from ASP, bluster is a two-way street!).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    Ok so we've now received the NTK (actually a couple weeks ago).



    Here's the pictures of the letter (i'm new so can't post direct links unfortunately!):
    s12.postimg.org/xe0gspwm5/front.jpg
    s12.postimg.org/4vwmeue71/back.jpg

    Thanks again for your help and happy holidays everyone!

    Almost totally non compliant. Therefore the keeper cannot be held liable and so only the driver cam. Therefore, do not say who the driver was.

    Your complaint to AS Parking can be

    The NTK is not compliant with POFA 2012 and so as registered keeper I am not liable.

    ccrt@dvla.gsi.gov.uk

    You should also complain to the DVLA because the NTK states the keeper is liable, but the NTK is not compliant with POFA 2012. The DVLA should therefore stop providing keeper data until either the NTK is compliant or it does not say the keeper is liable.
    Dedicated to driving up standards in parking
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