Need Help , Got Notice to owner from PCS

dmwg40

Hi All

My partner recently received a Notice to Owner from PCS(Parking Collection Services).
They say the issue was "No parking permit".
The event happened on a housing estate.

Its been 71 days since they say the issue happened and this is the first communication she has had..
My partner says nothing was left on the car at the time.

Are the rules the same for this type of issue.


what should be the first line of call,
should i write back to them or ignore?
Thanks in advance.

bazster

Others will probably encourage you to write stroppy letters here, there and everywhere, but frankly I'd be inclined to ignore it. That letter doesn't even attempt to comply with POFA 2012 Schedule 4, and effectively acknowledges its failings by demanding payment from the driver, not the keeper/owner.

So they have a small problem: they don't know who the driver was. Let it remain so.

Jaystoke

Don't call!

Several things that you can get back on with the standard letter. However, a quick response could be along the lines of:

"The notice to owner is rejected as it has not been issued between 28 and 56 days of the alleged parking incident."

This is an incident where they absolutely know they are time barred but still issue their notice; along with all of the other various failures of the notice.

There are further issues than just PoFA and BPA CoP; also Data Protection Act issues.

Coupon-mad

This is easy - that is the first letter so that IS the NTK. As long as this is England/Wales, the OP just needs to send the first appeal from the Newbies thread. I do state there that you send the appeal template when you get the first letter, whatever it is called and PCS do sent them for smaller firms, usually too late for keeper liability which is exactly what has happened here.

I posted the other day 'when is a debt collector letter not a debt collector letter to IGNORE?' and the answer is, when it's the first letter = a NTK (NTO in this case). Not only that, the £120 exceeds the appropriate amount, as it's over the BPA ceiling. This is appeal time.

The_Deep

This is easy - that is the first letter so that IS the NTK. As long as this is England/Wales, the OP just needs to send the first appeal ...

Needs? I do not think that the OP needs to do anything. They can, if they wish, appeal, but do they need to?

What is wrong with Bazster's advice?

hoohoo

The_Deep wrote: »

This is easy - that is the first letter so that IS the NTK. As long as this is England/Wales, the OP just needs to send the first appeal ...

Needs? I do not think that the OP needs to do anything. They can, if they wish, appeal, but do they need to?

What is wrong with Bazster's advice?

Its a slam dunk to get this quashed now. Otherwise, the parking company have 6 years to send letters and go to court.

Over on Pepipoo, VCS recently took someone to court who had moved. They therefore got a default judgment. Next, they found where the person had moved to, then go a high court writ against them so they can now send the bailiffs in and seize goods etc. That's much harder to unwind.

dmwg40

Many Thanks for all your replies.
My partner would like to be more active in sending a letter and getting this resolved sooner rather then later due to their profession.

is it this section the template is in.
https://forums.moneysavingexpert.com/discussion/4816822

and is it the part saying.
Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on these main grounds:

Coupon-mad

Yes, send that to wherever the PCS letter says to appeal to. Then you will have to do it ALL OVER AGAIN at 'second stage' because it's Wing Parking (as the letter tells you of course, hidden in the words!). They play a 'double appeal' game and sometimes cancel when they finally realise they are too dumb to beat you at POPLA and they will likely move on to a less clued up victim.

Then when you finally get a rejection letter and POPLA code - then read post #3 of the same thread and win at POPLA! It will take until March or so but you will win at POPLA and you will have to do the silly 2 stage appeal as that's Wing's little bluff, to make it look like a Housing Association or other client is involved in the decision.

dmwg40

Thanks again..
just doing the letter now

I will included name and address,nd the pcn reference.
should i put car registration number as they request in there letter ?

ManxRed

As long as you make it clear you are appealing as the Registered Keeper and haven't referred to the driver identity anywhere then it's fine to reference the car registration number (and PCN reference).

dmwg40

Thanks

. im using the template.