What to do next?

Paul-T951

Thanks for the advice, here is my proposed response, do you see any issues? Thanks in advance.


Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable for this PCN as the notice to keeper was received in excess of 56 days after the NTD was supposedly issued, in contravention of BPA code of practice, as clearly stated in previous correspondence. Under what grounds are you pursuing the keeper when the case is non POFA? I would also like to know under what lawful grounds you obtained my details from the DVLA, considering it is likely this request was made outside the 56 day time period.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.


I would also like to draw your attention to the recent Hansard reading in the House of Commons, 2nd Feb 2018:

"Poor signage, unreasonable terms, exorbitant fines, aggressive demands for payment and an opaque appeals process, together with some motorists being hit with a fine for just driving in and out of a car park without stopping, have no place in 21st-century Britain."

Finally, it is my understanding that debt recovery cannot be started whilst an appeal is in progress; therefore Leeds Teaching Hospitals are in breach of the code of practice (section 22.6).


I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

As a current BPA member, send me a POPLA code.

Yours faithfully,

Coupon-mad

You could add:

ZZPS are warned that if you wilfully withhold a POPLA code on the spurious basis that my wording above is a template, and somehow 'not an appeal' in your sad little World of money-making from consumer victims, you will once again be reported to Steve Clark at the BPA.

logician

Castle wrote: »

PCN Admin Centre is just a trading name of ZZPS Ltd; so your PCN hasn't passed to ZZPS.

More importantly, debt recovery cannot be started whilst an appeal is in progress; therefore LTH are in breach of the Code of practice, (22.6 of the Code).

PCN Admin /ZZPS operate many back room functions for AOS members of the BPA and IPC.

Technically speaking, they issued the Ntk and handled the appeal, therefore continuing to process this, adding on extra charges, it is ZZPS who are in breach of the COP.

@ the OP - did the Ntk also include an Admin Fee, this is typical of PCN Admin Ntk's

Write to ZZPS - pointing out that there is no legal requirement to name the driver and that the Ntk arrived out of time to comply with the requirements of keeper liability.

Add that if they do not cancel the charge, you will make a formal complaint to the BPA and the DVLA for failing to provide a POPLA code after a valid appeal.

Paul-T951

Next Update:

So I've received this e-mail:

Good Morning,

Thank you for your email.


We refer your email dated 11/02/2018, which we are treating as a formal section 10 Notice (“the Notice”) under the Data Protection Act (“the Act”).

Please accept this email as our formal acknowledgement and response to the Notice.

You have provided no justification for the Notice. The processing of your data is warranted.


In any event, section 10(1) of the Act does not apply in circumstances where Schedule 2, paragraphs 1 to 4 of the Act are met, accordingly we are permitted to continue to process your data at this stage.


If this is not clear, we suggest you seek legal advice.



Please note the time to appeal this Parking Charge Notice has passed and as such no POPLA code will be issued.


We have previously responded to your online submission made on the 13/01/2018.


Regards

Help! What should be the next step?

Thank you

Fruitcake

Do you have a PoPLA code yet? If not, complain to the BPA and your MP. Access to alternative dispute resolution is yours by right, as decreed in the ADR Act 2015.

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

Quote the bit in bold to the BPA and ask what they intend to do about this rogue parking company, and rogue debt collector, to change the attitude of MPs and the motoring public.

You should also point out the above comments to the hospital management and PALS.

Coupon-mad

Please note the time to appeal this Parking Charge Notice has passed and as such no POPLA code will be issued.

I did tell you! :eek:

Coupon-mad wrote: »

You could add:

ZZPS are warned that if you wilfully withhold a POPLA code on the spurious basis that my wording above is a template, and somehow 'not an appeal' in your sad little World of money-making from consumer victims, you will once again be reported to Steve Clark at the BPA.

Steve.c@britishparking.co.uk

ZZPS need banning, IMHO. Unfit to be handling appeals, from the cases we see here.

Paul-T951

Thanks, I'll go ahead and e-mail Steve - I did put that sentance (minus the 'sad little money-making' bit!) in my response. I assume from your responses that I shouldn't reply to ZZPS now, but take this to the BPA and LTH?

Coupon-mad

Take it to the BPA. Failure to provide a keeper with a POPLA code, ZZPS yet AGAIN pretending that a keeper appealing to a NTK is appealing ''too late'' (these are repeated lies from scumbags who drag the BPA further down into the mire).

Show Steve a link to this thread, I make no apology for the 'sad little money-making' factual sentence.

Castle

logician wrote: »

PCN Admin /ZZPS operate many back room functions for AOS members of the BPA and IPC.

Technically speaking, they issued the Ntk and handled the appeal, therefore continuing to process this, adding on extra charges, it is ZZPS who are in breach of the COP.

Technically, it's LTH who are the PPC in this matter; so they are responsible for any breaches by their agents/subcontractors. (Section 15 of the BPA code).

Paul-T951

Further Update:
We have written to the BPA and are waiting to hear back. Today we received another letter which we've sent to the BPA, but posting it here for information.

We wrote to you previously about this PCN, and according to us, this debt remains unpaid.
Our next course of action is to pass this account to QDR Solicitors Limited. We would prefer to get to the bottom of this with you, without the need to use lawyers. However, we are duty bound to advise you that if this does get passed to QDR Solicitors Limited, the balance owing will increase by £30 plus VAT.
A recent Supreme Court ruling (ParkingEye -v- Beavis) has confirmed that a Parking Charge issued on private land:
is enforceable; and
the Parking Charge does not breach the Unfair Terms in Consumer Contracts Regulations 1999.

If this remains unpaid, in the event of legal action taking place, court fees and solicitors costs, along with statutory interest, could be added to the amount owed. The legal process is not simple and if you need advice, places where this can be sought are on the reverse of this letter.
It is in your interests to either get in touch or pay this account and we again invite you to do so within seven days of you receiving this letter; if the account progresses to our solicitors, we will not be able to help you.

Yours sincerely