Help! Parking company outright lying!

stotty456

Hi Guys,

So I've read through these forums carefully in order to appeal a parking ticket last week on the grounds that the Notice to Keeper was sent too late in order for the fine to fall on the keeper. POFA states that it needs to be sent within 14 days for keeper liability to apply, and I made the point in the appeal that the letter was dated outside of this and was received later than this. It was a polite letter, and I asked that it would not be escalated so that it would not waste both of our times at the appeal stage.

Today, I received three letters in the post. A rejection of the appeal that does not even acknowledge my point AND a new fine for a different day, where the date of posting is 13 days after the 'offence', and states that the date of posting is the 11th of August!! The final letter is from a debt collection agency saying that I have not paid this new fine and now owe £160!

This is unbelievable. I believe I am not liable in any way for the first fine as POFA says the keeper cannot be made liable, and they have gone back, escalated another occasion straight to a debt collection agency, lied about the date of posting on the letter and absolutely slammed me with three letters at once?! I don't even know where to start? The 'date of posting' is obviously now 5 weeks ago?! And it just so happens to arrive along with these other letters?

Obviously they can just say we did post it, and I can say it only came today. Do they have to show proof of postage? Because if not this is absolutely outrageous. The fine was done by ANPR at a home base car park, the company is Topher LTD/PCN Parking Solutions.

Please help me out I don't know what to do next!

Castle

Have you received two "fines" for two different events or for the same event?

stotty456

Thanks for your response! To clarify, two separate events. The first the NTK was received beyond the 14 days so I appealed. I received a rejection of this appeal alongside a new fine for an occasion before the original fine, with a letter dated 13 days after the event, even though it has been received about 6 weeks after the event. And also a debt collection letter for this new fine at the same time.

Coupon-mad

IPC firm then:

http://www.topherlimited.co.uk/services/

Same advice as here and on any IPC thread, there is no appeal worth trying:

https://forums.moneysavingexpert.com/discussion/5526912


The fact that you cannot win at IAS is NOT telling you to pay this, BTW, just so you know!

Post #3 of the NEWBIES FAQs thread tells you what will happen if you ignore the 'kind offer' of IAS. Everyone here just sits tight and ignores debt collector letters then defends any court claim (rare). Most cases just fizzle out in the end but come back if you get a solicitors' letter or claim.

Post #4 of the NEWBIES thread tell you all about ignoring debt collectors (DO NOT respond!). Also see this thread:

https://forums.moneysavingexpert.com/discussion/5035663

HTH

Castle

stotty456 wrote: »

Thanks for your response! To clarify, two separate events. The first the NTK was received beyond the 14 days so I appealed. I received a rejection of this appeal alongside a new fine for an occasion before the original fine, with a letter dated 13 days after the event, even though it has been received about 6 weeks after the event. And also a debt collection letter for this new fine at the same time.

Thanks; in addition to CM's above I would suggest you also contact DVLA to find out the exact dates when Topher Ltd applied for your details.

pappa_golf

Run and owned by Christopher Haywood. Mainly a security company that does a lot of outside festivals and events. Very professional in stark contrast to his fellow IPC members

https://bmpa.zendesk.com/hc/en-us/articles/203550012-Topher-Ltd

looks like gladstones are going to take another PPC for a ride


looks like they are "virgins" as well


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

pappa_golf

Castle wrote: »

Thanks; in addition to CM's above I would suggest you also contact DVLA to find out the exact dates when Topher Ltd applied for your details.

OP


Example Letter
[Your Address]
DVLA Vehicle Record Enquiries section
Longview Road
Morriston
Swansea
SA99 1AJ
Dear Sirs
Re: VRM AB12 XYZ
As the Registered Keeper of the above VRM could you advise who has accessed my personal details with regards to this marque, how often and when did the DVLA send the keeper details out. Please advise the information with regards to events between xx/xx/xx/ and xx/xx/xx.
I understand there is no charge for this information and look forward to your speedy reply.
Yours faithfully

Carthesis

--++ removed as it's been pointed out this was incorrect advice ++--

HO87

Carthesis wrote: »

Don't forget to use the magic words:

"Please treat this email as a Subject Access Request (SAR) under Section 7 of the Data Protection Act (2008)."

No. It is not a SAR as you are not applying to establish what data the DVLA holds on you but who has accessed that data. It is not therefore a SAR.

Personally, I would not use the word "marque" which is a very broad term that refers to a make of car - such as Ford, Audi etc - not an individual vehicle. You are dealing with civil servants who can, if they so choose, be extremely pedantic and might there fore reject your application.

Given Topher's juggling of dates and NtK/NtD's I suggest that you are very specific in your request. When applying to the DVLA a PPC has to supply the date of the relevant event. It would be useful to find out what date Topher gave the DVLA after all, it might not tally with the one Topher are now alleging is relevant.
If I may I would suggest a little tighter worded version:

Dear Sirs

Re: AB12 CDE, blue Ford Galaxy [or whatever]

For the avoidance of doubt this is NOT a Subject Access Request

I refer to the above vehicle of which I am the registered keeper.

I have received a demand for payment from a private parking company, Topher Ltd, in relation to an alleged parking infraction that occurred at <insert location>.

In relation to this event please supply details of all enquiries of your keeper database by Topher Ltd or any other private parking company or service bureaux (whether by means of the EDI or manually) from <insert date> to today's date.

The information to include the date of the enquiry, the alleged date of the infraction to which the enquiry relates and the date on which the data was supplied by DVLA to the enquirer.

I understand that I will not be charged for this service.

Yours faithfully

Stotty456

I suggest that the date you insert in paragraph 2 is rounded back to the beginning of the month in which the incident occurred. That should scoop up any jiggery-pokery.

I can't remember off the top of my head whether Topher use manual V888's or whether they still use Ranger Services for their keeper enquiries. The reason for the inclusion of the location being that this might not tally with what has been recorded on a V888 - another reason for DVLA to ask questions.

DVLA have improved their turnaround of these enquiries. At the beginning of the summer they were taking anything from 6-8 weeks but seem to have cut that to around 3 weeks currently.

stotty456

Guys, thank you so much for your responses. I have e-mailed this to the DVLA but will also write to them I'm fairly confident that I've been done for appealing here and it's unbelievable. I have decided to go to the homebase store where this occurred to try and get it dropped through there. But if the first occasion was beyond keeper liability, and I can show no request was made at that time so they must have fiddled the dates then I think I am in a pretty solid position! Thank you!