Forum WIN ,POFA help.now DPA claim

Topcat_147

New to site any help. PCN issued 15/10/16. Notice to keeper dated 21/12/16. that's 67 days. Under POFA to transfer liability NTK must be received within 56 days. They have no driver details. No answer to appeal so no POPLa code. Will now take them on through the BPA and DVLA

Umkomaas

Any advice.

A few more details might help. Which parking company?

Read the NEWBIES FAQ sticky, post #1 will suffice at this stage.

Complain to the landowner/retailer/hotel/hospital (wherever the alleged parking contravention took place).

Topcat_147

Car was on private land owned by a shop.A co called Autosec issued ticket on windscreen 15/10/16. This was followed by a Notice to keeper from a co called TNC parking services 21/12/16. Have checked website for TNC, they also offer litigation and debt collection. They have no driver details and we were going to rely on the fact that they can not transfer liability to keeper because they have not complied with POFA.


Have spent a while trawling through all the forums and was going to send the MSE template letter. Basically declining their invitation to name driver or pay and I believe it is unlawful as they have not complied with POFA. Ie notice to keeper not served within the time limit (56 days) ours was 67.

Fruitcake

It is quite lawful to send a NTK outwith the timelines of the POFA 2012, however they cannot then transfer liability to the keeper. They will however not care and quote allsorts of rubbish in the hope you are not savvy enough to know this and just keep pestering you for money.

Please confirm the precise name of the parking scammers who sent the NTK as I cannot find the exact name you have quoted. (I only skim read the two ATA lists so I may have missed them.) The only one I can find with a similar name appears to be a debt collector.

You could send the template from the NEWBIES to the debt collectors stating this is the first time the keeper has heard about this, and therefore assume this to be a non-PoFA complaint NTK as you have already suggested, and that since the NTK fails to meet keeper liability and therefore they have committed a DPA breach as a result.
If you are up for court then tell them you will make a claim against them if they do not cancel, and complain to the DVLA about the DPA breach and breach of the parking scammers' Kadoe agreement with the DVLA.

DollyDee_2

http://www.autosec.co/

Read the 4th paragraph "you must supply the driver's details"!!!!!

No, you don't have to supply driver's details.

Umkomaas

See if a POPLA code comes back after your initial appeal, then have POPLA throw the charge out on the basis of no keeper liability. Do not indicate who the driver might have been, so no additions/amendments to the template initial appeal. Follow precisely the instructions for the method for submitting your appeal as shown in the TNC letter.

Peter Delgrosso's outfit. This is what you're dealing with:

https://bmpa.zendesk.com/hc/en-us/articles/203573182-Autosecurity-Ltd

Small fry operator, not litigious.

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

Topcat_147

Thanks guys, will send appeal in as per TNC's letter. It has to go to Autosec because TNC did not issue PCN. That raises the question why are TNC parking service sending out NTK when Autosec issued PCN.

pappa_golf

TNC are acting as back office , however your contract to park was with Autisec , not the debt collector / back office suppllier

was the ticket from TNC for £100?

Umkomaas

That raises the question why are TNC parking service sending out NTK when Autosec issued PCN

Back office function provided for small fry operators who either don't have sufficient business to warrant admin staff, or for those who spent most of their formative years in the remedial department.

pappa_golf

and quite often exceed the goverments max of £100 on a NTK

either an inflated NTK , or a debt collection letter 67 days after offence

Coupon-mad

DollyDee wrote: »

http://www.autosec.co/

Read the 4th paragraph "you must supply the driver's details"!!!!!

No, you don't have to supply driver's details.

Good spot, DollyDee.

The OP needs to email the BPA and DVLA a complaint about Autosec, to point this out:

aos@britishparking.co.uk

david.dunford@dvla.gsi.gov.uk

They are categorically not allowed to insist on the driver's details in an appeal.