Britannia PCN Is it to late?

themanhere

Good afternoon all,

The Keeper received a PCN-NTK from Britannia on 21st Dec 2017 which was for the alleged contravention: Failed to make a valid payment on 14th Dec 2017 Entry @ 18:35hrs, Exit @ 19:34hrs. (So very dark being the middle of December) On the back of the letter there are 4 pictures taken by an ANPR camera the 1st is the front of the van showing bonnet downwards with headlights on and number plate blurry. The 2nd is just the number plate with the correct Reg. The 3rd is the rear of the van, all you can see is the tail lights and a blurred number plate. The 4th is the rear number plate, with correct Reg.

The keeper completely ignored this letter and then received another letter dated 8th Jan 2018 This was a PCN-Final Reminder. Stating that if ignored it will be passed to a debt recovery agent which may escalate to court proceedings to recover the amount owed. The overdue PCN will increase to £160.00 in the first instance of further action.
Again the keeper completely ignored this letter. Today the keeper received a letter dated 26th Jan 2018 from Debt Recovery Plus Ltd which has an error in the address only slight but an error non the less.
So far the keeper has done nothing with this and started to do some research.

The keeper has read that it should have made an appeal to Britannia, but it has been longer than the 28days which they stated in their 1st letter dated 21st Dec 2017.
Is it too late to do this now? or does the keeper just keep ignoring them??

The keeper beleives they read from another post earlier that they should treat the letter from the DRP as 1st instance and go through the appeals.

It was a driver who was driving the van at the time and yes the driver parked in the car park of the pub and even went and had a drink while waiting to collect a family member from the building next door. The driver used to drink in the pub all the time a few years ago but never been there since this so called parking charge applies. The driver honestly did not see any signs and never even gave it a thought.

Some help required please.

Redx

edit your post and remove any hint of who was driving

ie: THE DRIVER was driving on the day

THE KEEPER has received the postal letters since that day

use the template appeal to appeal it anyway (from the NEWBIES sticky thread)

in theory its too late , yes, but do it anyway, as KEEPER

ignore DRP

themanhere

Edited and thanks Redx.

I will give it a go.

Redx

good , in future the KEEPER should appeal the initial postal notice promptly , it is 6.5 YEARS since we told people to IGNORE parking charge notices

it is likely that the laws will change later this year (see yesterdays papers) so it will be important to consign this IGNORE myth to the nearest bin once there exists a law and rules on the topic issued by parliament and the secretary of state

https://www.moneysavingexpert.com/news/car-finance/2018/01/new-code-of-practice-for-parking-firms---but-some-will-still-be-able-to-dodge-the-rules-?_ga=2.251657350.1836903738.1514831228-1978678623.1397491114

themanhere

Just tried to appeal, but only gives me the option to email, so this has just been done. I used the blue template, so lets see what happens.

themanhere

Ok received an email back from Brittania today saying the following:

[FONT=&quot]Dear [/FONT][FONT=&quot]My Name[/FONT][FONT=&quot],[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Under BPA guidelines (Section 22.7 - Complaints, Challenges and Appeals) and as noted on the PCN sent out to you, “All appeals must be received with 28 days from the date of our initial correspondence”. As this time has surpassed we are rejecting your appeal application.[/FONT]
[FONT=&quot]The final reminder we sent to you on 08/01/18 and advises, “If this notice is ignored, further action may be taken including instruction of debt collection agencies, solicitors and or court proceedings, all of which will incur further costs. To avoid further unnecessary costs or actions please pay the Parking Charge within the aforementioned time period.”[/FONT]
[FONT=&quot]Britannia Parking laid clear the terms and details of our appeals process and payment to resolve this Parking Charge Notice.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As this PCN has been passed to Debt Recovery, Britannia Parking have no further comments to add regarding this PCN.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Please refer all correspondence to Debt Recovery Plus Ltd.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Kind regards,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Customer Service Administrator

Anyone got any ideas where i go from now please??
[/FONT]

waamo

Read this. Post 4 covers the debt collectors stage.

https://forums.moneysavingexpert.com/discussion/4816822

Redx

yes , IGNORE (post #4 of the NEWBIES sticky thread)

that response was what we expected

come back if you get an LBC or an MCOL within 6 years

freester

The above is good advice.

Personally with Britannia I'd be tempted to send a final cease and desist letter to ward them off as they are easily beaten at POPLA and even at initial appeal.

The letter would be along the lines of...

Dear Britannia,

Thank you for your rejection email dated dd/mm/yy.

Since missing your 'appeal' deadline I have familiarised myself with the BPA CoP and also with POFA 2012.

Your signs did not meet the Code of Practice and your NtK does not transfer keeper liability.

In the event of you issuing a claim via the Small Claims Court I would robustly and vigorously defend this claim.

Therefore desist from sending meaningless Dept Collection Letters and either drop this claim, or issue an LBC.

^^^ Suggest you do a bit of research on this forum around the Code of Practice and POFA 2012 then you'll need to pad out the above but along these lines...

Also go back to the pub and see if they will call the hounds off...?

Le_Kirk

meaningless Dept Collection Letters

I think you meant to type Debt Collection Letters

Coupon-mad

Britannia & 'debt collector' letters are easy to ignore; I've done so myself, before POPLA existed.