Parking charge notice

Rich2316

Hi yes I did get a casework number in an email I'll chase it up.
Had letter off Autosec this morning also confirming all parking charges cancelled.

Rich2316

This was a reply I got off the BPA after I complained about the non compliant NTK s and asked them what are they going to do about it here's their reply

Dear Mr

Thank you for your reply.

The Protection of Freedoms Act 2012 (POFA) is a piece of legislation introduced to provide Keeper Liability. This means if the Operator does not know the name and address of the driver they can hold the keeper liable under this legislation. To do this, they will need to meet the requirements contained within POFA.

It is not mandatory that an operator uses POFA when issuing a parking charge notice. There is no legal requirement to do so as advised by the parking operator. It is at the discretion of the individual parking company as to whether they choose to utilise use POFA (2012).

If no mention of POFA (2012) is made on the parking charge notice the strict timescales as advised in Schedule 4 are not therefore applicable.

In reviewing the Notice to Keeper that you have provided a copy of, no mention of POFA (2012) can be found, and therefore the operator is not obliged to keep to the timescales mentioned in your previous email. We have been in contact with the operator in order to resolve this issue.

We will investigate any complaints about alleged non-compliance with the points raised in BPA AOS Code and request further information from the parking operator concerned. During this process they will be required to deal with any issues raised, and to provide satisfactory evidence of this having been done.

We have internal processes and a Sanctions Scheme that is applied to all parking operators within our membership, and annual audits are carried out to address any issues that may arise. Under this scheme Operators who breach the Code can expect to receive a number of sanction points dependent upon the breach. I am sure you appreciate that such disciplinary action is confidential and I am unable to inform you of any specific details regarding any member of the AOS Scheme.

This case has now been closed.

Castle

Topcat_147 wrote: »

Noticed what the DVLA said about TNC collections Ltd being a debt collector. I have a NTK and debt letters from TNC parking Services which is a trading name of TNC Management Ltd. Autosec issued PCN.

TNC Collections Ltd doesn't exist; but TNC Collections is a trading name of TNC Management Ltd.

safarmuk

Yep, you can ring the ICO up (select the right option - #3 I think) and you will get through to someone who right now will probably tell you that your case is in a queue or not yet assigned etc.
Ask for an estimated date they think the case will be looked at and then ring them again then. That's what I have been doing since Jan 1st! *sigh*
They will process your case eventually, just a shame they can't do it as per their SLAs (30 days).

utigers

I have already highlighted to the DVLA and the BPA that the owner of Autosec has a criminal background and a history of intimidation and therefore he shouldn't have access to drivers details.

Have Autosec done anything wrong in these cases?

The local paper the Hull Daily Mail would be interested if so, they would make contact with the relevant parties and try and get some answers. Contact Kevin Shoesmith.

twhitehousescat

utigers wrote: »

I have already highlighted to the DVLA and the BPA that the owner of Autosec has a criminal background and a history of intimidation and therefore he shouldn't have access to drivers details.

Have Autosec done anything wrong in these cases?

The local paper the Hull Daily Mail would be interested if so, they would make contact with the relevant parties and try and get some answers. Contact Kevin Shoesmith.

YES they have failed to abide by DVLA rules (get info within 6 mths) and passed your info on to a debt collectors who are writing (pretending) to be a bona fidi (sp) parking Co they then have used form v888/2 acting as debt collectors when (paperwork shows) they are stating to being a parking Co and should use v888/3

Rich2316

More from the BPA when I complained further asking what are they going to do about the breaches


The Protection of Freedoms Act 2012 (POFA) is a piece of legislation introduced to provide Keeper Liability. This means if the Operator does not know the name and address of the driver they can hold the keeper liable under this legislation. To do this, they will need to meet the requirements contained within POFA.

It is not mandatory that an operator uses POFA when issuing a parking charge notice. There is no legal requirement to do so as advised by the parking operator. It is at the discretion of the individual parking company as to whether they choose to utilise use POFA (2012).

If no mention of POFA (2012) is made on the parking charge notice the strict timescales as advised in Schedule 4 are not therefore applicable.

In reviewing the Notice to Keeper that you have provided a copy of, no mention of POFA (2012) can be found, and therefore the operator is not obliged to keep to the timescales mentioned in your previous email. We have been in contact with the operator in order to resolve this issue.

We will investigate any complaints about alleged non-compliance with the points raised in BPA AOS Code and request further information from the parking operator concerned. During this process they will be required to deal with any issues raised, and to provide satisfactory evidence of this having been done.

We have internal processes and a Sanctions Scheme that is applied to all parking operators within our membership, and annual audits are carried out to address any issues that may arise. Under this scheme Operators who breach the Code can expect to receive a number of sanction points dependent upon the breach. I am sure you appreciate that such disciplinary action is confidential and I am unable to inform you of any specific details regarding any member of the AOS Scheme.

This case has now been closed.

And again after I replied as to keeper liability if no POFA

Thank you for your reply.

When POFA (2012) is not utilised, the parking operator is not able to claim that the Keeper of a vehicle is liable for the parking charge notice. The operator may however request payment from the keeper under the assumption that the keeper either was the driver, or knew who the driver was. If the charge reached the stage of going to court, it would be up to the court to decide who is acting reasonably.

Topcat_147

But the only way the parking co can get your details for the NTK is by applying POFA. So they must comply with POFA ,or am I missing something ?

Rich2316

Think they just make it up as they go along

twhitehousescat

reasonable cause ,, thats the DVLA wording for electronic and V888/3








you will clearly see on pic 2 , the statement that thier is a 6 mth max date for V888/3 , TNC being a parking Co and being in the BPA ATA chose to lie to the DVLA and state that they were debt collectors , and use v888/2

NO company getting setails for a parking charge are allowed to use v888/2 , they HAVE to declare thier intrest and use v888/3 (or electronic)