PCN - Final Reminder without prior notices

YKJ

Hi, wondering if anyone can offer some advice on how to proceed with this. I have read a lot of the other posts on Private Parking Charge Notices but haven't found anything that matches my scenario. I received a Final Reminder Parking Charge Notice letter in the post today (23/12/15). Letter is dated 18/12/15 and alleged date of contravention is 14/11/15. My issue is that I have not received any notices on windscreen or through the post prior to this final notice. The notice is from Britannia Parking. The location they state the car was parked in is correct and so is the date. However, the letter does not state what the charge is for - There is no mention of what time I was there, or what the contravention that they are issuing the invoice for is. I know I was there on that day and that I paid for a ticket which was displayed in the car and I came back before the time expired. The first paragraph of the letter states (can't believe all the spelling mistakes in their letter!): "We wrote to you on advising that the above Parking Charge Notice had been issused (sic) to the above vehicle and at that date remained unpaid. As a result we had contacted the DVLA who informed us you were the registered keeper at the time the Parking Charge was issued. In this notice you were informed that the Driver is liable for the Parkng (sic) Charge".

The letter doesn't tell me what date they supposedly wrote to me, even though they begin their letter with "We wrote to you on advising...." and as I said previously I haven't actually received anything from them until today. My question is, what is the best way to proceed? Shall I write to them telling them I haven't received anything prior to this final reminder? There is no information as to who I should write to if I want to appeal (only address shown is the Registered address of Britannia Parking shown at the bottom of their letter).

Any advice would be much appreciated. Many thanks.

Coupon-mad

They do have an appeals process online at http://www.britpark.com/ so I would treat this as the first Notice (because it is) and send the usual appeal from the registered keeper, as shown in the NEWBIES sticky thread.

Grandad123

I don't know if I'm reading this right but are they saying they wrote to you before they contacted the DVLA.


It doesn't affect your appeal process, but perhaps you could ask them to use there mystical powers for next weeks lottery Nos.

Coupon-mad

Yes the time line seems odd, as if they've sent the wrong letter, which should have been a Notice to Keeper. Hence, appeal as keeper.

ROBIN_WIGMORE

I received 2 of these yesterday from Britannia parking also dated 18th December, 2 final notices relating to 10th and 11th November with lots of spelling mistakes. I too was parked where they say but paid for my parking at the time. I have been parking there every day since so its possible theres another 20 of them to come!

Quentin

Start your own thread (if you are asking for help/advice)

Fruitcake

ROBIN_WIGMORE wrote: »

I received 2 of these yesterday from Britannia parking also dated 18th December, 2 final notices relating to 10th and 11th November with lots of spelling mistakes. I too was parked where they say but paid for my parking at the time. I have been parking there every day since so its possible theres another 20 of them to come!

Appeal each and every one as per the NEWBIES thread, and start your own thread if you need further advice.

YKJ

Thank you to everyone who has replied. I have done further research and taken the advice on here to write to Britannia via their online appeals process.

Here is what I am planning to send - any comments would be welcome. Thanks in advance guys - I appreciate your assistance!

(I will include name and address of Registered Keeper)

Dear Sirs,

RE: PCN ......

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

Under Schedule 4 of POFA 2012, paragraph 9 the Notice to Keeper (NTK) letter is to arrive by day 15 after the contravention when a postal Parking Charge Notice is issued. The alleged contravention date according to your NTK letter is 14th November so the NTK should have arrived by 29th November. The date of your notice is 18th December, which clearly misses the time-frame set out in POFA 2012. As such, keeper liability cannot be applied.

Further, the following points have not been given/included in the PCN:

1. period of parking to which the notice relates
2. description of contravention
3. provision of evidence

You have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as I believe the driver may well be eligible for cancellation.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

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

Regards

Fruitcake

No "complain to the landowner if ..."


Always complain to the landowner.

Coupon-mad

The alleged contravention date according to your NTK letter is 14th November so the NTK should have arrived by 29th November. The date of your notice is 18th December

should be:

The alleged contravention date is 14th November, according to the only 'Notice' I have received - a letter dated 18th December, which is not a compliant Notice to Keeper. To hold a keeper liable, a compliant NTK must have arrived by 29th November; however no such notice was served. You have missed the time-frame set out in POFA 2012. As such, keeper liability cannot be applied.

YJ68

Hi guys,

I would really appreciate some guidance before I put a draft letter together to POPLA.

Background information:

I disputed the Parking Charge Notice with Britannia, which they rejected. They have provided a POPLA code.

I mistakenly included phrases in my correspondence with them that I was the driver (I know, I know…. ☹ )

What I would like to know is how I should proceed with my appeal now? If they know I am the driver is it too late to quote any of the rules in POFA 2012 schedule 4?

Below is some more background info, which may highlight some possible disputes on the timing of their letters. Not sure if I can quote any of these in my appeal.

I understand I have until 15th February to send my appeal to POPLA (28 days from date of their rejection letter, 18/1/16).

I thank you in advance for any guidance and advice.


14/11/15 – Alleged contravention date.
Place: Chelmsford Army & Navy car park (ANPR)

Sequence of events:

23/12/15
First correspondence regarding above received from Britannia Parking. Correspondence received headed “Parking Charge Notice - Final Reminder”, dated 18/12/15. Amount £85. No other details informing me what the contravention was etc.

29/12/15
Posted a response to Britannia Parking pointing out I have not had any previous correspondence from them. Unfortunately, I mentioned in the letter ‘I had purchased a ticket’ from the pay and display machine so this has now told them that I was the driver.
Query: Now that I have admitted to being the driver, how can I appeal to POPLA? (Britannia rejected my appeal).

I asked for photographic evidence to prove that I did not purchase and display a valid ticket.

Note: My letter was headed “Without Prejudice”

20/1/16
Received a response from Britannia (letter dated 18/1/16). They say they have considered my appeal and my vehicle was parked “in breach of the Terms and Conditions of the car park”.

They say they checked their machines and my ticket expired at 21:40 and that my vehicle was recorded leaving the car park at 22:02 which is an overstay of 22 minutes.
Query: Can I ask them for evidence of ticket expiry time?
Can I also ask for what their grace time for exiting the car park is? I know the minimum is 10 minutes (according to BPA’s Code of Practice).

They then offer to reduce the payment to £25 if paid within 14 days of the date of their letter.

They also attached a copy of the original Parking Charge Notice (which I did not receive prior to the final notice).

They then give me my options and a POPLA code if I want to appeal within 28 days from the date of their letter.

Notes about the original Parking Charge Notice

Dated 3rd December (which I understand they should have issued by 29th November, in order to comply with POFA 2012 schedule 4).

Parking Charge of £85 to be paid within 28 days of issue of this notice, or £50 if paid within 14 days. After 29 days, full amount is due.
Query: Should they not have waited 28 days before issuing a final reminder on 18th December?

Alleged contravention: failed to make a valid payment.
Entry details 19:29:52 14/11/15 Exit details: 22:02:25 14/11/15

The notice informs me that the car park is private land operated by Britannia Parking (the creditor). Query: Do they need to tell me who the land is owned by and if they have their permission from the land owner to issue car parking charges? Can I ask for this information? Or is there a site I can go to in order to check this myself?

21/1/16
I wrote back to Britannia in response to their rejection letter (again headed Without Prejudice)

I disputed their photographic evidence (as I have no way of knowing if their clock was legally calibrated).

Unfortunately, this letter also mentions that I was the driver

2/2/16
Received a letter from Debt Recovery Plus Ltd dated 28/1/16 demanding £160 for an unpaid parking charge.

They refer me to the back of their letter for more information regarding liability for this charge – where they refer to POFA 2012 schedule 4.

They said if I don’t pay by 11/2/16 then they will recommend to the creditor that court action should be taken to recover what I owe.
Query: As appeal was rejected by Britannia, should they not have allowed at least 35 days from date of rejection (18/1/16) before they pursued collection? Debt Recovery Plus’ letter is dated 28/1/16