Got a ticket, Read stickies but am stumped how to proceed

xbow

My Mother got an Excess Charge Notice from Local Parking Security Ltd last April - she'd paid the parking fee but her wheels were over the parking space white line.
She's 82 & can't use computers which is why I'm writing her for her.

So far she has ignored the ticket (on my advice, which I'm now not so sure was wise as things have now apparently changed regarding the law).

I've read the stickies & searched the forum but I still can't work out what she should do & am totally confused.

From what I have read, I believe the ticket counts as a notice to driver?
She has just received a Demand For Payment for £160 from Debt Recovery plus Ltd. She didn't receive any other correspondence & so didn't get a notice to driver - just this demand.

I don't know if Local Parking Security are BPA members - I searched without luck & the link on parking cowboys website is broken. Someone in another post did say that they were BPA members but I don't know if that's correct.

Because she's not received a notice to keeper I don't know if she should appeal or if she's missed her chance because she's already been sent a letter from the debt collectors.

If she can appeal would it be to the parking company or to the Debt collector?
Should she mention that she has not received a NTK?

How should she proceed?

On the parking cowboys website I came across the Private Parking Appeals Ltd site.
Do you think it would be wise to use them? I'll be overseas for a lot of the time in the next few months without internet & so was thinking it might be the less stressful way to sort things out.

Thanks for reading. Any help would be greatly appreciated as £160 is just too much to pay.

Xbow.

Redx

I found it under L in 2 minutes or less on the BPA website (alphabetical order)

Local Parking Security Limited http://www.localparkingsecurity.co.uk

it says they use tickets

if you dont know the law you need to stop advising others on what to do, unless you are willing to pay for giving out bad advice

there is no other word for this, it was UNWISE to ignore it , very unwise

the sticky thread tells you what to do about DRP, in post #4 , there is no compulsion to pay a debt collector, they have no powers, its merely threatograms in the post

to decide what to do, you have to decide on dates, date of the error, date the NTK arrived if there was no windscreen ticket , do they use windscreen tickets or ANPR , etc etc

then you look at POFA 2012 to see if its compliant (assuming they are trying to adhere to POFA 2012 , they dont have to , but then its only the driver they can chase

any appeal should go to the parking company, UNLESS they use DRP as a back office , in which case maybe appeal to both

if time limits are adhered to, a popla code should be issued and then a popla appeal prepared and submitted

assuming its out of time (which I believe it now is), then its ignore for 6 years unless an LBC or MCOL arrive from the PPC in the post

the time to appeal was when you told her to ignore, so as you have taken the ignore route, you will have to pursue it for 6 years, under small claims procedures, until the statute runs out

in future , appeal

BTW, the law changed almost 3 years ago, in oct 2012 , so the keeper may be liable if the PPC have ticked all the boxes correctly

PPAL wont help you if the time to appeal is long gone , they can only help if you are within the appeals windows

a notice to driver would be a windscreen ticket

a notice to keeper is when they obtain the RK details from the DVLA between day 29 and day 56 and then send the RK an NTK due to not receiving any appeal from the driver in response to the windscreen ticket

xbow

thanks redx.

in the sticky post #4 it has the title;

"Debt Collectors letters or threats of court? Thinking you may be too late to appeal? Told by the PPC that it's too late for POPLA? NO!"

& a little way below that there's a link to another forum where it was suggested that it could be worth appealing to the PPC even after the time to appeal was passed.
I've pasted one of the replies here. Would it be worth appealing to the PPC anyway or could doing so have a negative impact against "our" case should it go to court?;

" There are mixed views regarding what to do outside the appeal window

The BPA Code of Practice only says that the PPC must allow time for payment or a challenge before continuing to pursue the keeper
There's nothing to prevent a PPC accepting the challenge at any time

Halsey is about the consequences of refusing to use alternative dispute resolution
A party that refuses will be heavily penalised with regard to its claim for costs
There's a recent judgement that this includes ignoring the request

PPCs that take court action go to some length to present the OP as unreasonable if he ignored their letters instead of appealing.
I don't think a keeper in your position has anything to lose

The keeper, to avoid further inconvenience, invites them to bend their normal rules, call off the debt collector and let him use the Code of Practice appeal procedure
The court won't be impressed by "it's just not the way we work" as a reason to refuse before issuing a claim"

Thanks.

Xbow

Redx

I did say in my reply that you maybe should appeal, to both parties, because if you "dont ask" , you "dont get"

any appeal should go to the parking company, UNLESS they use DRP as a back office , in which case maybe appeal to both

if time limits are adhered to, a popla code should be issued and then a popla appeal prepared and submitted

I would assume the ppc will tell you its too late and to deal with the debt collector

and DRP will send out a standard template with the "my findings" on it saying its out of time and so no popla code

I would say , YES appeal anyway, using the template letter from the NEWBIES sticky thread

if you get a popla code, fine , take it to popla with a carefully worded legal argument appeal (not mitigation)

what worries me is that you could not find Liberty under L on the BPA website in the aos members page , as it doesnt bode well for your ability to research this topic

hope you do better after a good nights sleep

xbow

Thanks redx.

So might it still be worth using Private Parking Appeals Ltd to place an appeal to the PPC?

Xbow

Redx

if they can do so, they will, for a payment

if they cannot help, I believe they will refund the payment

until people see the paperwork and a timeline, nobody can decide

The_Deep

Is the OP the RK, or is it his 82 year old mum? If the latter she could ignore, get a claim and the OP could wheel her into court in a wheel chair. Make sure a Daily Mail reporter is on hand.

xbow

The_Deep wrote: »

Is the OP the RK, or is it his 82 year old mum? If the latter she could ignore, get a claim and the OP could wheel her into court in a wheel chair. Make sure a Daily Mail reporter is on hand.

My mum is the RK, and also driver.
Or I may "decide" to have been the driver to then enable the POPLA shenanigans to take place.