Premier Solicitors "Outstanding Parking Charge"

BCDNM

Ah my apologies, when I called the BPA she called it the practice direction so I wrote that down.

They equally advised me the BPA have set up an ombudsman service reference appeals procedures and complaints.

Coupon-mad

That's a bit naughty, the word Ombudsman has a specific meaning and the BPA have misled you.

BCDNM

I have edited the content as advised and emailed Premier Solicitors. I'll chase up the landowner and update accordingly.

BCDNM

Sorry folks, awaiting an update from the first location care of Premier Solicitors. Landowner still not got back to me despite numerous attempts by me to reach a resolution.

Now, I have two letters from Wright Hassall. No previous letters or tickets and these appear to relate to the above reference I made. Where I was a visitor.

I have checked the two PCN numbers provided online (TPS website) and it says Sorry we cannot find the result.

The letters state "on entering and parking" I entered a contact. No such suggestions on the signs there. In fact they are contradictory. The entrance says Staff, Patients and Visitors, then the TPS signs say NO PARKING AT ANY TIME.

It goes on"we have been instructed by TPS in connection with the failure to pay the PCN.....our client is duly authorised and permitted by the proprietor of the location to operate and manage the parking". Their client is now "entitled to pursue this matter in lieu of the driver whose details are unknown". Signed by "Tim Hawker-Head of Debt Recovery".

I have complained to the location (a hospital) as I was visiting but so I have discovered today, the attendants had been told to ticket my car whenever they see it because I'm a student (a post-grad at the University next door). Not that the car is there if it's not to use the facilities/visit nor have I had correspondence. Nice to see I get treatment no-one else does.

Their advice this morning was for me to report to them every time I'm in the hospital and explain what I'm doing, and they will speak with the attendants!!! When I asked who else is required to follow such a ludicrous procedure she didn't answer me.

As stated, I have attempted to explain everything but the attendants (as described above) ignored me, threatened to call the police and my attempts to expedite the matter this morning, not a soul could care. The lady said "just pay them", as per usual saying it's nothing to do with them.

I have written and complained to the manager of the area given all of the above.

Any advice would be welcome please. These 2 separate incidents have arrived causing me some concern and grief at the lack of detail ever given. Is this debt recovery letter a LBC?

As far as I can understand, they have not sent me an NtK, just these solicitors letter, so based upon what I have read this is not compliant with POFA, let alone the Practice Direction on Pre-Action Conduct.

Coupon-mad

Date:



Dear Wright Hassall,

Parking Charge Notices [0123456789 and 987654321]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notices (“PCNs”) from Total Parking Solutions (''TPS''). I have no knowledge of the circumstances of these alleged 'charges' nor why your client feels any contravention has occurred at a Hospital site.

The first I knew of these alleged charges was when TPS breached the Data Protection Act by sharing my data with a landowner/agent of a completely different site.

I have evidence that your client handed him "my file" with details of alleged outstanding "offences" including the ones you now mention in your template debt collection letter. Not only are these charges denied and unknown - and are certainly not offences - but as you will be aware, sharing data with third parties unrelated to the charge/site in question contravenes TPS' KADOE agreement with the DVLA and is a flagrant disregard of the DPA Principles.

Further, I am not liable for any charges in any case. I am aware that Wright Hassall has set yourselves up 'as if you were POPLA' to sweep up outstanding parking appeal cases from 2015 and so any reasonable man would conclude that Wright Hassall must be fully conversant with Schedule 4 of the Protection of Freedoms Act 2012 (“the POFA”). You will no doubt be familiar with the prescribed requirements of Schedule 4 which must be strictly followed in order for a parking operator to be able to invoke 'keeper liability' for any private Parking Charge.

TPS has forfeited its right to keeper liability due to a lack of service of compliant Notices to Keeper. As Wright Hassall has loosely taken up the reins from the remnants of London Councils' POPLA, your firm will be aware that barrister Henry Greenslade - undeniably a UK expert in parking law, having held positions as PATAS and POPLA Lead Adjudicator - stated about parking on private land:

''There is no ‘reasonable presumption’ in law that the registered keeper of a vehicle is the driver. Operators should never suggest anything of the sort. Further, a failure by the recipient of a notice issued under Schedule 4 to name the driver does not of itself mean that the recipient has accepted that they were the driver at the material time. Unlike, for example, a Notice of Intended Prosecution where details of the driver of a vehicle must be supplied when requested by the police, pursuant to Section 172 of the Road Traffic Act 1988, a keeper...has no legal obligation to name the driver [...] ''If {the POFA is} not complied with then keeper liability does not generally pass.''

So I cannot be held liable and consider your contact harassment and the misleading nature of your letters takes advantage of my status as an unrepresented consumer and is in breach of the SRA Principles.

I did not consent to the processing of my data at all, let alone a ''file of offences'' being shared with an unrelated third party. This has caused me significant distress. If you are unaware of this situation I suggest you ask TPS to explain their actions and take legal advice from a qualified person within your firm, ideally your DPA data handler.

For the avoidance of doubt, this letter is to be considered a Section 10 Notice under the DPA.

I give you 21 days days to respond. Complaints to the ICO and SRA will follow if this matter is not investigated with due diligence and the charges cancelled, along with an assurance that you and your client have deleted my data from your databases and any other files. In particular, the ''file of offences'' being shared around by TPS must be confirmed as destroyed.

Yours faithfully,





(change anything not right and you might want to add the name/company/location of the unrelated landowner with whom TPS shared your ''file'').

BCDNM

Good evening. Coupon, if I knew you I would buy you a drink!

With regards to your comments on knowledge of the circumstances, should I state that I have been a regular visitor to the location? Seeing people and using the facilities.

I indeed have no knowledge of the PCNs but this would provide a explanation for my vehicle being there.

Coupon-mad

Avoid anything in the first person which might suggest the driver. Best to say your family are regular visitors to the location (it's a hospital isn't it, and a relative was admitted?). You could say that it is therefore impossible to pinpoint the occasions and driver(s) on certain days months ago but you are certain this cannot have been a case of any driver abusing the facility.

Being a lady, mine's a white wine spritzer!

BCDNM

Sure, there will be no mention of who was driving. If I was even driving!!!

Yes relatives and friends have been there over the past few years. So I have certainly been a visitor and also use the facilities on site.

Thank you again. I shall keep the thread updated.

The_Deep

Is the any chance that you can report them to the SRA

https://www.sra.org.uk/home/home.page

for unprofessional conduct, conduct likely to bring the profession into disrepute, obtaining monies by misrepresentation or to which their client had no entitlemeny? How about failing to provide a compliant LBA?

BCDNM

I plan on doing just that The Deep. No previous letters (including no LBA, or even ANYTHING from the PPC), plus these nice threatening letters, which offer no evidence bar a demand and the inherent scare tactics.

It's on my Monday to do list. Thanks, shall keep you all posted.