PCN 2nd postal letter from NPM & ZZPS

FunnyFakingSexDirt

I received a letter from National Parking Management stating i had a Parking Charge Notice To Registered Keeper for unauthorised parking on 22/10/2016. Fine of £60 if paid in 14 days.

Having cast my memory back I could not remember parking anywhere I shouldn't that day.

I decided to ignore the letter, assuming it was scam.

I have since received another letter (22/11/2016) from ZZPS stating the unpaid PCN has been passed on to them and I now owe £160!

I emailed them after the second letter, stating I didn't park anywhere illegally and to forward on photographic evidence.

They replied with the following image:

Please see below the photo of my car pulled to the side of a derelict road on said date (No Yellow lines).



I pulled over for a maximum of 3 minutes to take a phone call. I did not see any signage that stated I couldn't when i pulled over.

However looking at the photograph (there were 2 taken and sent, 10 seconds apart) there does seem to be a sign on the building to the passenger side. I am not sure if it that is an NPM sign, I assume it is.

Can anyone with better knowledge than me of this situation advise what I should do? Am I best to just pay the fine even though, I was completely unaware I shouldn't have pulled over there?

Any help would be gratefully received.

Also:
-There was no reason why the notice was sent via post.
-My name is spelt wrong on the Letter, however I believe that is a mistake with my details in the DVLA database.

Update:

I have Just been to the place where the photo was taken, pic of signage:



I have noticed the fine on the sign is different to that stated in the letter I received.

Here is a map view of where I pulled over:

Carthesis

One could suggest 10 seconds isn't a sufficient observation period.

The Jopson -v- Homeguard case contains a definition of parking which will probably help you.

If that's a 'No Parking' sign, then it's a forbidding sign and can't create a contract.

They've added on debt collector fees, which are expressly forbidden under POFA.

You could argue they've failed to mitigate the loss by not firstly knocking on your window and saying "You can't park here mate. You'll have to move your car."

It might not even be a private road unless there is signage up to demonstrate that. If not, you're entitled to believe it's public highway on which you can stop (legally) wherever you want as you've paid Road Fund Licence.

All of which is irrelevant to you at this stage, because Debt Collectors SHOULD BE IGNORED! Write back to ZZPS, stating only that you deny any and all liability for the debt, which should be referred back to their Client, and that they shouldn't contact you again or you'll submit a complaint to the financial regulators.

Then settle down with a brew, read the **NEWBIES** thread thoroughly, and wait and see if they've the balls to take you to court.

FunnyFakingSexDirt

Carthesis, thank you. I appreciate your help. I will do exactly that.

Any updates I will post on here, as it may help someone else in my position.

FunnyFakingSexDirt

Update:

I emailed ZZPS stating what Carthesis suggested.

I have since received this letter from WRIGHT HASSALL Solicitors.

Any suggestions on what to do now?

Continue ignoring?

twhitehousescat

yes , that is a good scan of a debt collection letter

if it was a solisitors letter it would be , something like "pay NPE by XXX or we are going to start a court claim , ie acting as solisitors for NPE , instead its the (usual) we are adding XX on and will pass a dribble bacl to NPE

PS , they even admit they are acting as debt collectors , and "may" have to hand it to their litigation dept


PPS

ignore untill you get a letter before action (of court proceedings) ,,,,,,,,,or pay up (not)

FunnyFakingSexDirt

I have now received the following letter, threatening court action.

I really don't want to pay the fine, and feel it is completely undeserved. £196 is A LOT of money!

I also don't want to go to court or have a CCJ against my name.

What are my options? Is there somebody I can call for advice?

I didn't believe the road was private, I'm still not entirely sure it is.

I pulled over from a main road to take a phone call.

Any Help and advice is appreciated, Here is the letter...

twhitehousescat

yes another nice ZZPS letter using WH notepaper , if this went to court the signage clearly states £100 , not £196 , and if they give you tosh about ZZPS feees , WH fees , then its tosh , you hav,nt paid them they have failed and they do not get paid by the PPC

15. Grace Periods
15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
they may make an informed decision as to whether or not to remain on the site.
15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or
permitted period of parking has expired

you were "phoning a friend"c to check out the legality of parking , after viewing the photo you can see its now at a great height , and placed at 90 deg to the drivers view

Redx

read this thread as to why it wont get to a CCJ (ie:- you pay promptly if you lose)

ignore the POPLA part as it does not apply to IPC members like NPE

https://forums.moneysavingexpert.com/discussion/5596267

so if a judge says you owe blah blah , pay it , promptly , usually within 28 days

until then you dont owe a penny

and its an INVOICE , not a fine , NPE cannot "fine" you , me , or the queen herself

grace periods apply here

it probably is a private road, but your local council can tell you , or the LAND REGISTRY

FunnyFakingSexDirt

Thank you both for the replies.

So am I right to carry on ignoring these threatening letters?

Or am I best to make some kind of an appeal?

Redx

you IGNORE any letter that is from a DCA , even if they are trying to fool you with WH solicitor headed notepaper

on the other hand , IF , and I mean IF , its an actual LBC from WH, acting on behalf of the PPC (and not on behalf of a DCA) , then , and only then do you respond by denying the alleged debt and issuing a reply to a genuine and LBC

the PPC have 6 years to try a court claim , usually using a solicitor or legal representative

Umkomaas

FunnyFakingSexDirt wrote: »

Thank you both for the replies.

So am I right to carry on ignoring these threatening letters?

Or am I best to make some kind of an appeal?

Have you read the NEWBIES FAQ sticky, which gives you guidance on whether to appeal to the IAS (or more particularly, not appeal)?

What did the council say about the status of the road? Has there been any contact with Land Registry?