P4PARKING Notice

manuraheel

P4parking has just sent me the evidence pack, and popla had given me 7 days to respond. Am I supposed to do anything?

salmosalaris

Have they enclosed a Notice to Keeper ? If not how have they addressed the issue of keeper liability ?

Coupon-mad

manuraheel wrote: »

P4parking has just sent me the evidence pack, and popla had given me 7 days to respond. Am I supposed to do anything?

Yes, as you will find from reading any other POPLA threads, as I would do in your shoes. Don't stay on your own thread alone. Use the forum to gain the knowledge you need, that's what other threads are useful for and that's how a forum works best, not on a case by case basis like this.

manuraheel

Thanks coupon mad, I have read various forums etc. I was away on holiday and didn't have access to an internet connection so was looking for a quick answer. Anyway my POPLA appeal was rejected. I feel the accessor didn't even read my appeal properly I had some valid points and he totally ignored them like I never received a NTK. Do you want me to post their reply on POPLA decisions?
I am going to read the Newbie post as I received a letter by TNC today, This is the first form of communication I've had with them since the incident, never before did I receive anything.

manuraheel

So after reading the newbie thread it seems either I pay the fine or ignore all letters by TCN as long as its not a LBC. How common is it that they take me to court?

Umkomaas

manuraheel wrote: »

So after reading the newbie thread it seems either I pay the fine or ignore all letters by TCN as long as its not a LBC. How common is it that they take me to court?

I've not trawled back through your thread, but is it this outfit?

http://www.bmpa.eu/companydata/TNC_Management.html

P4Parking:

http://www.bmpa.eu/companydata/P4_Parking_UK.html

Not a court case between them?

Coupon-mad

DO NOT PAY. YOU ARE NOT LIABLE. This is by far the VERY WORST new POPLA decision we've ever seen! :eek:



They have failed you, failed to understand keeper liability. Why do POPLA think the POFA Schedule 4 exists if there is a secret 'other way' to pursue a keeper?

You should 100% have won on this point:

• No NTK was issued as required by schedule 4 of POFA - No Keeper Liability

There is no question about this. In law you CANNOT be held liable for this charge except under the POFA schedule 4 (it is the ONLY law allowing it, if they had got the paperwork right) and you do not have to say or guess who was driving. Schedule 4 stopped short of allowing private firms to be able to insist or draw assumptions. The documents are mandatory.

We can continue discussing this on your thread. First, you need to email:

complaints@popla.co.uk

...address it 'Dear Mr Gallagher,

IN THE SUBJECT LINE PUT YOUR POPLA CODE: FORMAL COMPLAINT - FAILURE OF ASSESSOR TO UNDERSTAND THE SECOND CONDITION OF SCHEDULE 4

and say you are appalled that POPLA Assessors have not been trained in the one law that relates to keeper liability (POFA Schedule 4). Tell him that you are specifically and formally complaining about this POPLA Assessor's lack of competent training and abject failure to understand the law and as a result, a complete and catastrophic failure of duty of care to the consumer public. A keeper CANNOT be told to pay the charge of an unindentified driver with no NTK ever served, in a case where the driver has not been identified by any party.

The law is clear - why does POPLA think the POFA Schedule 4 was ever brought in, if there is some 'other way' to wave through keeper liability in cases where the driver has never been established?

Ask POPLA if they stand by this horrendously wrong misunderstanding about keeper liability WITH NO NOTICE TO KEEPER EVER SERVED AT ALL (contrary to the VERY BASIC rules in Schedule 4). And if POPLA do not rehear this one and overturn this rubbish by a clearly POFA-untrained Assessor, they are going to have to explain it to ISPA because you will then be complaining to them too about POPLA failing to properly train its Assessors in the law that 'old' (LondonCouncils) POPLA has been consistently and properly applying - by Assessors who all understood the requirements - since 2012.


Remind POPLA in the email of the LAW on keeper liability for charges on private land. A NTK is mandatory under the statute:

''Right to claim unpaid parking charges from keeper of vehicle

4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

(2)The right under this paragraph applies only if—

(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met;

Conditions that must be met for purposes of paragraph 4:

6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—

(a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8;

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given''.

Ralph-y

manuraheel ....

please please follow the advice CM has given .......

this is not only for your own good / interest .....


but for future people who are ensnared in such scams .....

be strong

Ralph:cool:

manuraheel

Thanks for all the support and advice, I'll do this in a day or two

Coupon-mad

Similar here:

https://forums.moneysavingexpert.com/discussion/5407817

You are not alone and this is 100% worth a formal complaint to all sorts of parties, starting with:

complaints@popla.co.uk

The law is clear. A keeper cannot be just told to pay a parking charge incurred (allegedly) by an unidentified driver - that's why the POFA Schedule 4 exists. You are stil not liable. Do not pay it, complain formally and if you want to show us your complaint first please do.