Notice to Keeper - can they put it on hold?

BarneyFish

Hi,

Wonder if you might help clarify something which I find unclear.

I received a PCN on the windscreen of a hire car around 27 Nov. I immediately emailed the issuer with my address and stated that I am the keeper for the purpose of this PCN. I explicitly stated that the driver can not be inferred.

I appealed to the issuer but the appeal was rejected around 12 Dec.

I have received a demand for payment from Devt Recovery Plus. I called the issuer today and explin that because I have not received an NTK, they should cancel the case. However they advised that because they were waiting for me to tell them whether or not I’d appeal to POLPO, the case was on hold and they had not sent this notice.

Is this allowed? I think the ticket should be cancelled because it’s now after 56 days and I have received no NTK.

Thanks.

KeithP

Ignore the debt collector's letter.

Have you appealed to PoPLA?

Who is the parking company?

You now need to read the NEWBIES FAQ thread to better understand your situation.

pappa_golf

BarneyFish wrote: »

Hi,

Wonder if you might help clarify something which I find unclear.

I received a PCN on the windscreen of a hire car around 27 Nov. I immediately emailed the issuer with my address and stated that I am the keeper for the purpose of this PCN. I explicitly stated that the driver can not be inferred.

I appealed to the issuer but the appeal was rejected around 12 Dec.

I have received a demand for payment from Devt Recovery Plus. I called the issuer today and explin that because I have not received an NTK, they should cancel the case. However they advised that because they were waiting for me to tell them whether or not I’d appeal to POLPO, the case was on hold and they had not sent this notice.

Is this allowed? I think the ticket should be cancelled because it’s now after 56 days and I have received no NTK.

Thanks.

have you recieved a POPLa code to appeal with?

it may well be concealed within decline letter

DRplus should not be contacting you if a code has been issued

who is the parking co

BarneyFish

I received a POLPA code on 6 Dec but haven’t appealed yet. The parking company is PCS - Parking Collection Services.

Am I still correct in thinking a Notice to Keeper should have been issued?

Here’s the appeal rejection. Is it hidden in here?

Thank you!!

Thank you for your email regarding the above Parking Charge Notice (PCN).
I have carefully reviewed the case and have considered the points that you raised. Unfortunately, I cannot cancel the PCN and it is still payable. I have explained my findings in more detail below.
My findings
The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued. The terms and conditions were broken by parking on private land without clearly displaying a valid permit.
I appreciate the circumstances alluded to within the correspondence; however, in the interests of fairness to all motorists, our company must adopt a consistent approach when enforcing Parking Charge Notices and therefore I am unable to cancel the PCN.
The photographic evidence for the charge can be viewed at paypcsl dot co dot uk Input the vehicle registration and the PCN number. The photographs will load within a few minutes.
I also attach an example of the signage present upon the site which details why a PCN will be issued. Such signage is visible in the attached photographs.
What you need to do now
You now have three options to choose from:
1) Pay the PCN at the prevailing sum of £60.00 by 20/12/2017. Please note that after this time the discounted rate will no longer apply and the amount outstanding will rise to £100.00 and will need to be paid by 03/01/2018. Payment can be made online or by phone. Go to parkingcsl dot co dot uk or phone ‪0208 528 4122‬. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent if applicable.
2) Make an appeal to POPLA (Independent Appeals Service) by appealing online at popla dot co dot uk (verification code: xxxxxxxxxxx). The only grounds for making an appeal are stated on the website and to be considered the appeal must be received by POPLA within 28 days of the date of this correspondence. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful you will be only able to settle the PCN at the full amount of £100.00.
3) If you choose to not make payment or appeal, the amount outstanding may be sought via a debt recovery company and/or court action where further costs may be incurred as a result.
More Information
By law we are also required to inform you that Ombudsman Services ombudsman-services dot org can alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.
Payment Methods
Online Payment: parkingcsl dot co dot uk
Telephone Payment: ‪0208 528 4122‬
Bank Transfer: Quote your reference number to Parking Collection Services, Royal Bank Of Scotland, Sort Code 16-00-01, Account Number 20973851
Cheques/Postal Orders: Should be posted to the address below, made payable to Parking Collection Services. Please write your reference number on the back.
Kind Regards

Castle

BarneyFish wrote: »

I received a POLPA code on 6 Dec but haven’t appealed yet. The parking company is PCS - Parking Collection Services.

If the code is dated 6th Dec then you're too late to appeal; it only lasts around 30 days at best.

KeithP

BarneyFish wrote: »

I received a POLPA code on 6 Dec but haven’t appealed yet. The parking company is PCS - Parking Collection Services.

Am I still correct in thinking a Notice to Keeper should have been issued?

Here’s the appeal rejection. Is it hidden in here?

Thank you!!

Yes the PoPLA code is in there:

2) Make an appeal to POPLA (Independent Appeals Service) by appealing online at popla dot co dot uk (verification code: xxxxxxxxxxx).

I assume you replaced the code with xxxxxxxxxxx.

BUT, and it is a big but, you have left it too late to appeal to PoPLA.
Also in that rejection letter it says:

...to be considered the appeal must be received by POPLA within 28 days of the date of this correspondence.

pappa_golf

the parking co is not Parking Collection Services

if you do research you will see that Parking Collection Services tell porkie pies

Debt Recovery Plus Ltd also t/as Parking Collection Services & Zenith Collections

who was the parking co , and yes you are to late to do an appeal and they can write to you for ever

BarneyFish

OK - so am I out of options and need to pay it?

I thought perhaps it might be invalid because there has been no Notice to Keeper but may have misunderstood the regulation.

pappa_golf

they are proably not bothering sticking to any rules/laws , and PCS do the back office for them

WHO WAS THE PARKING Co?

BarneyFish

Found the company - it's PESS (Parking Enforcement & Security Services)

KeithP

BarneyFish wrote: »

OK - so am I out of options and need to pay it?

No, certainly not.

How on earth did you get that idea?

You have absolutely no need to pay anything to anyone unless a judge tells you to.

If I were to send you an invoice for £100 and refused any appeal you made to my better nature, would you pay me £100?

Perhaps you better send me your address.

BarneyFish wrote: »

I thought perhaps it might be invalid because there has been no Notice to Keeper but may have misunderstood the regulation.

No NtK just means that the keeper cannot be held liable - only the driver.

For that very reason it is important that the driver's identity is not revealed to anyone - not even on this thread.