PCS Notice of Liability

Coupon-mad

messi1984 wrote: »

In reviewing our emails, we have found that a reply to your email was sent on 16th January, to which you replied on the same day. A further response to your email was sent on 18th January to which you replied on the same day. Below is the email chain.

Please note that at no point in my previous email did we refer to the letter you have provided as a debt processing or debt collection letter.
As previously advised, the operator (Parking Ticketing Ltd) has not heard back from the driver within the 28 day timescale, therefore they have passed the charge to a 3rd party company (Parking Collection Services), who have attained keeper details from the DVLA and issued a Notice to Keeper. When this is the case, the 3rd party company may add on their own charges, increasing the amount due, as per the collection process.
There has not been a breach of the Code in this instance and therefore we are unable to assist you further.
Yours Sincerely,

Dear BPA obstructive parking person,

You are sadly mistaken and so far have failed to assist me at all. Have you not read your own code of practice or the POFA Schedule 4?

A Notice to Keeper is not a point at which extra costs can be added. This is not debt collector stage, it is the first time a keeper hears about the charge and the BPA's own ceiling is £100 for a Notice to Keeper. This is still appeal stage (pre-POPLA) and £120 exceeds the appropriate amount under both Sch4 and your CoP.

Kindly escalate this complaint to a Manager who understands the BPA CoP. I will show the BPA's answers to the DVLA and my MP.

kind regards,

twhitehousescat

what date was the ticket placed on the car , and what date did PCS write to you?

messi1984

Date of liability 22/12/2016, Date of notice to keeper 22/11/2016 , parking charge date 23/10/2016.

Coupon-mad

So it also arrived after Christmas and too late for keeper liability even if served in time. But the main issue here is the BPA not understanding the difference between 'debt collector stage' and normal 'PCN followed by NTK' stage which has a ceiling of £100 prior to the appeals windows being exhausted.

I think they need reminding about what a NTK actually is, using their own words from the BPA CoP:

20.11 The Notice to Keeper serves three purposes:
• it invites the keeper to pay the unpaid parking charge
• if the keeper was not the driver it invites the keeper
to tell you who the driver was, and
• it starts the 28-day time period after which the keeper
may become liable to pay the unpaid parking charge.