Local parking security ltd

Scoobydooz

Hi,
Please could you advise on which best next steps for me to take...

On the 14th June this year myself my mother and son went out for lunch, we used nearby carpark as the restaurant had no carpark (Newton Rd, Mumbles in Swansea)
A two hour ticket was bought at a cost of £2. On this day it was pouring down and we had to sit in the car for 20 mins for the rain to calm down. When my mother bought the ticket it was not clear until we returned to find a ticket on the windscreen that there was a two hour restriction. It soon became clear that there was a guy sat in his car in the who was watching and waiting for people to overstay then slapping tickets on windscreens! There was no reasoning with him and so we left feeling really hard done by, we had not intended to overstay but had done so by 31 mins.
On the 27th June I used the online appeals, not saying who driver was, I said we had not intended to overstay and a load of other stuff taken from the newbies section on this forum, but on 29th June local parking security LTD turned down my appeal.

My mother spoke to the restaurant owners both husband and wife phoned LPS to complain about the way they were affecting their business. The wife contacted my mother and said that LPS had told her she would need appeal again.

which i did on 12th July, I added that the restaurant owners wife had said that she needed to re appeal, I received a response on the 14th of July where my re appeal hadn't been considered it cut me dead and said that they had already refused my appeal and i would now have to appeal to popla. They gave the the code.

I couldn't do with the hassle of that at that time i had a lot of stuff going on therefore i
reluctantly went to they're site to pay the fine which was 1day before the lesser fee was to expire only to input details and submitted to get an error that said "this pcn is on hold" i screenshot the page, then the following day i tried again but still got same so i screenshot again!
I have both pictures to prove that I tried to make payment.

I thought o well Ive tried to pay the fine they wont let me now they can get lost. That was that!

Until a letter turns up in my mothers name to her address..
Asking for payment for the overdue parking charge notice of £85
It says they have requested her details from DVLA as the registered keeper of the vehicle (through the Reasonable Clause criteria of pursuing an outstanding parking charge)

The original pcn was issued on 14th June,

Where do i go from here...
Many thanks in advance

Carthesis

So, to summarise:

You got a windscreen ticket for an (admitted) overstay on the 14th of June.

You appealed the windscreen ticket - not naming the driver - on the 27th of June, rejected on the 29th.

You complained to the landowners / lessees who were told you need to re-appeal, which you did on the 12th of July, and on the 14th of July they binned you off.

You then - foolishly - tried to pay, and couldn't.

Then, eventually, they've sent you a postal NtK.

Is that right?

If so, then the first and most important question is: what date did the postal NtK arrive?

Scoobydooz

Hi,
Yes all is correct apart from the restaurant owners are not the landowners, thought they may have had this happen before (which they have)
The ntk is dated 24th October 2016.

Thanks for your help in advance

Carthesis

Right.

Continue your stance of not naming the driver.

You need to have a dig around on the forum and you should be able to locate a template letter or two to send off in response to the NtK which covers all the normal points, but also adds in that they have not complied with the statutory notification periods specified in POFA2012 in order to invoke Keeper Liability.

They have 56 days (starting the day after the parking event) to have the NtK in your hands, which they obviously HAVE NOT COMPLIED WITH. They can therefore **ONLY** pursue the driver from this point onwards, hence why you should be careful to not name them.

Scoobydooz

Ok thanks for your advise i will do exactly as you suggest.
I will keep you posted.
Many Thanks

Scoobydooz

Hi can you please go through this, just want the ok before I send.
Many thanks


Date 14th November 2016


Dear Sirs

Re: PCN No. ....................

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

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

I understand you do not own the car park and 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 required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Further to the above as you have failed to comply within the statutory notification periods specified in POFA 2012, there fore you can not invoke keeper liability.
There will be no admissions as to who was driving.

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

Yours faithfully,

Scoobydooz

Any one please help me out??

Umkomaas

If you've copied that word for word from the NEWBIES sticky there's no need to be asking regulars to 'go through it'. That's why the sticky is there, the wording has been very carefully crafted and it's designed to be copied and pasted to give regulars some relief and allow them time to deal with more complicated issues.

Carthesis

You need to add in that they have exhausted their avenues for transfer of liability to the registered keeper under POFA(2012) Sch. 4 as they have not complied with the mandatory timescales for service of a Notice to Keeper following an alleged parking infraction. As such, they can only pursue the driver, assuming they can demonstrate who the driver was at the time.

Scoobydooz

Hi,
Just to update the progress of my disputed PCN with LPS!
Yesterday my mother received letter from DRP Dept recovery!
I am furious,i followed exactly what was advised, LPS totally ignored my email i sent, they didnt even respond to it! Any advice on what to do now would be greatly appreciated.
Many thanks

Guys_Dad

Sit tight. Ignore debt collectors. Lots of letters from them will come. File all. Only come back if you get court papers.

Read post #4 here https://forums.moneysavingexpert.com/discussion/4816822