Email response JD Parking consultants

StrikesAK

JD parking consultants sent a notice to keeper to a friend of mine after he parked for around an hour on a industrial estate. it was around 3pm and there were 1 or 2 other cars in this car park. So you can say this car park was not busy and no loss was had by the owner. There didn't seem to be any cars and i'm pretty sure someone from JD parking consultants drives around taking pictures (therefore does not seem to be any ANPR in force)

There was no parking available in any other car parks or on roads at that time therefore it was of last resort. This is not mitigation. I am contesting this parking fine and have emailed JD parking consultants who now seem to be trading under Parking CSL. I sent them this via email:

Dear Sirs

Re: PCN No. XXXXXXXXX

Reference number : XXXXXX

Registration XXXX XXX

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

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.

Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.

''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.

Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.

I have kept proof of submission of this appeal and look forward to your
reply.


I received this response today from them and this is what they sent, it does not contain the POPLA code i requested.:


Thank you for your email regarding the above Parking Charge Notice (PCN).

What you need to do now

So I can contact the driver for payment of the amount due, please let me know their name and address. Please let me have these details by 2nd September 2015.

What if you do not know who the driver of the vehicle was

As you are the registered keeper of the vehicle, I am assuming that it was being driven with your consent and that you will therefore know who the driver was.

If you do not provide these details by the above date the registered keeper will be held liable.

Alternatively, payment can be made online or by phone.

Go to ] or phone 0208 528 4122. You can find full details of how to pay on the reverse of the letter(s) sent.


I'm not sure if they are going to sent a letter out to me with a POPLA code but from the email it does not seem that way. Also this company have sent out a letter stating that the outstanding amount is £60 but nowhere on the letter does it give me any discount if i was to pay this earlier, is this not against the BPA rules?

Would i need to respond to them further or have I done the correct thing and them not responding with the POPLA puts the ball back in their court and it means that I would not need to pay them as they have not responded to my actual message?


Thanks Strikes
(p.s i have been trying to scour the forums for information on where the BPA registered company does not send a POPLA code and i have not been able to find anything)

Redx

report them by email to the BPA for the reasons above, and give the BPA copies of the paperwork

see the NEWBIES thread for contact details

hoohoo

aos@britishparking.co.uk will usually get a quick response. Email them your appeal and their rejection.

StrikesAK

@hoohoo @redx
Do you think i should send the email to the BPA now or wait? i'm scared if i email the BPA now they may inform the parking company and then i may have to pay the fine?

Is it more likely the BPA will cancel the fine as it has not followed the proper rules and regulations?

Thanks for responding guys

enfield_freddy

they will get the case dropped and in a real world would throw sanction points at JD


(p.s i have been trying to scour the forums for information on where the BPA registered company does not send a POPLA code and i have not been able to find anything)


they get sanction points against them


get the email sent!

enfield_freddy

http://www.britishparking.co.uk/write/Documents/140629_-_AOS_Code_of_Practice_-_Contraventions_and_Sanctions.pdf


level 4 = 5 sanction points

StrikesAK

Thank you very much! just going to send the email off to aos@britishparking.co.uk and also aos@britishparking.co.uk

enfield_freddy

you can really add some points on by adding that they are not using liveried vehicle (level 2 = 2 sanction points) or carrying/showing identification (level 2 = 2 sanction points)


you did see the plain car drive away didn't you?

StrikesAK

Pretty sure no one has seen a marked car with the companies name on! I've sent the email now. Lets hope for a good response!

Thanks again!!

enfield_freddy

a retired police officer was telling me about national clamps (renamed to anpr ltd) and clamping disabled vehicles , he used to stop and get there unlevered cars towed away for no insurance ,

StrikesAK

Hi Guys,

recieved a response from BPA -
We have contacted the operator to request further information and once received we shall be in touch to advise further.



If we receive evidence of a possible breach of the BPA Code of Practice, we will carry out an investigation and request further information from the parking operator concerned. The operator will be required to deal with any issues raised during our investigation, and to provide satisfactory evidence of this having been done.



Please be advised that as we are a membership association and not a regulatory body, we have no authority to cancel parking charges, intervene in the parking charge appeals procedure (either with the parking operator and or POPLA) or to recall parking charge notices referred to debt collection agencies. We can, however, assist in the rectification of a breach of a point raised in the BPA AOS Code of Practice.




Also received a debt collectors letter for £160 pound... do i need to respond to the parking company due to them not sending me a POPLA code or shall i just leave them.