UKPS TNC Notice to keeper over 200 days later

twhitehousescat

correct , no liability as keeper , await FVLA reply then contact the BPA to make a complaint ,

bimma

will do. I really appreciate your input and your knowlege has been a tremendous help. i will keep updated

bimma

update 02/02/17
i received a reply from ukps with a popla reference
appeal rejected for the following reasons
- in the approved operator scheme code of practise 2011. unauthorised parking includes parking on private land where parking is forbidden. the drivers of these vehicles are trespassing and are liable to enforcement action
- parking as part of contract between driver of the vehicle and landowner or operator when when driver breaks contractual terms and conditions.
(doesnt even make sense). your vehicle was parked unauthrorised in a private car park patrolled by us in contravention of the terms and conditions of the site. it is driver responsibility if their vehicle is parked in breach of contract.
-The signs displayed around the car park state that by parking in the car park the motorist is entering into a contractual agreement and agrees to comply with the terms and conditions of use.

All of the above makes no reference to my appeal point that i was not the driver and there is no keeper liability because they have not followed the POFA i.e within 56 days.

SO i will be appealing to POPLA.
can you give me a guide as to the points i should include please

Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the Notice to Keeper. If all of this information is not present then the Notice to Keeper is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.
1) no keeper liability , i am the registered keeper and received the notice to keeper after 200 days, I was not driving the vehicle at the alleged date and cannot recall who was as its been more than 6 months. (evidence is picture of the notice to keeper with date and the picture of the envelope stating postage date ) both of which are 200++days plus
2) The parking charge notice refers to a car park park but the location is actually a road with through flowing traffic, therefore deemed as a public highway so no restrictions to traffic flow, no trespassing. and no visible signs (various pictures of location taken)
3) the notice to keeper does not specify a period of parking just a date of alleged contravention (pic of notice to keeper as evidence)
4) no discount has been offered for paying early

Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver.
A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid, must be delivered either

1. (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or
2. (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked

A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.


4) The notice to keeper must be accompanied by any evidence prescribed in Regulations made under paragraph 10 of Schedule 4 of the Protection of Freedoms Act 2012. As at February 2013 no such Regulations have been made. No evidence of parking was sent to the registered keeper just the notice to keeper

anything else??

bimma

also i have recieved a reply from dvla
basically stating that regulation 27 of road vehicles regulations 2002 requries dvla to release information under reasonable cause request. as reasonable cause is not defined requests are considered on merits
.
requests from private car parking companies are considered to be reasonable cause.

i would like to clariffy that tnc collections ltd are not a parking company. debt collection agencies would apply to dvla on v888/2 form. debt collection agencies have up to 6 years to chase a debt. Therefore information was released as all criteria has been met.
parking companies who apply to dvla have 6 months to chase a parking ticket. anything over 6 months is rejected under the reasonable cause criteria. parking companies would apply using v888/3 form.
however i can now confirm that dvla are process of limiting requests from debt collection agencies to 6 months in line with parking companies unless a valid reason is supplied to state why the date is requred outside of 6 months.

this is just a main point summary.

not sure as to where i stand on this?

twhitehousescat

TNC are telling lies to the DVLA , please look at the TNC letter and see if the footer is the same as this



TNC parking trading as ,,,,,,,, who ARE a BPA ATA member and should use v888/3

it looks like they are saying , TNC debt collection , to the DVLA when in fact its TNC parking

Topcat_147

Have exactly the same letter from TNC Parking services (trading name of TNC management ltd)/ Have a complaint with BPA and DVLA, re none compliance with COP. Presently waiting response from DVLA so see if it was TNC debt collectors or TNC Parking that got keeper details and what form they used

twhitehousescat

suggest sending a scan , showing that they are operating as TNC parking , trading as TNC management and they are clearly in the BPA ATA , as such being a parking Co AND a BPA ATA member they should have used v888/3

in all the cases so far the DVLA are saying they are TNC collections , and a debt collector , your letter proves that they are TNC PARKING

Castle

twhitehousescat wrote: »

suggest sending a scan , showing that they are operating as TNC parking , trading as TNC management and they are clearly in the BPA ATA , as such being a parking Co AND a BPA ATA member they should have used v888/3

in all the cases so far the DVLA are saying they are TNC collections , and a debt collector , your letter proves that they are TNC PARKING

TNC Collections and TNC Parking Services are both trading names of TNC Management Ltd.
TNC Management Ltd is registered with the Credit Services Association and they are also members of the BPA Approved Operators Scheme.

twhitehousescat

YES! but as a "parking Co" they are banned from v888/2 NO parking Cos are allowed v888/2 access all parking Cos must be ATA and use v888/3

I can see TNC Collections and TNC Parking Services are both trading names of TNC Management Ltd." and can also see "TNC parking trading as ,,,,,,,, " on the letter BUT TNC are stating to the DVLA that they are not pursuing a parking ticket , just a debt , when clearly in a lot of cases they are sending out the NTK

the DVLA need to see the letterhead (footer) because TNC are telling them lies to circumvent the 6 mth limit

"i would like to clariffy that tnc collections ltd are not a parking company. " ,,,, TNC parking trading as ,,,,,,,,

Rich2316

I have the form That that asked for my details. TCN used 888/2 and they clearly say debt collection but it also clearly states on it that it is for a parking charge. So the DVLA are completely ignoring this or it is allowed under reasonable cause ?