LPS Reply, what do I do now?

JB83

Hi all and thank you in advance for you help.
I got a ticket in a pub carpark last week. I went to the coop opposite the pub because I had no change, it was pretty busy in the que and when i got the ticket and went to the car I had a ticket. I have sent an initial email using a template i found on here which went:
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 and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable.

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

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully

I have now had a reply which went:

Thank you for your email dated 2nd February,

We advise that the Three Blackbirds car park operates as a pay and display system for all car park users. This is clearly stated on the signs located throughout the car park.

As no parking ticket was purchased and displayed in the vehicle, the parking charge notice was correctly issued.

The registered keeper is liable for payment of the unpaid Parking Charge Notice if they are unable to provide us with the driver’s details at the time the Parking Charge Notice was issued.

Please refer to Protections of Freedoms Act 2012 Schedule four, for further details on this.

If you are able to provide us with the drivers details at the time the Parking Charge Notice was issued we will contact them directly. If you cannot provide us with these details we will have no option but to pursue the claim against you as the registered keeper.

Kind Regards,

Now I have no idea what to reply to that, can any one help?

Coupon-mad

Nothing, just wait for the rejection letter to you as keeper.

Which LPS, the BPA firm? What is their full name?

JB83

Local Parking Security LTD.

They dont have my address and its a lease car which is why I sent the email so soon.

Coupon-mad

So...you haven't given your address in your email appeal? Why not?!! :eek:

Eeek, you MUST or they will get the keeper data from the DVLA.

State that you are the lessee of the car and your full details (name and address) are:

xxxxxxx
xxxxxx
xxxxxx

JB83

ok thanks, ill do that in the morning. Also, they have ignored my request for the photos of the car, should I mention that again?

Coupon-mad

Yes I would do so, and remind them that the BPA Code of Practice requires them to supply photographic evidence. Be careful not to imply who parked. Double check your words.

JB83

Thanks very much, one more thing. Should I mention the reason why there was not a ticket on there?
So far I havent given any reason for not having a ticket, im still so angry at the whole thing.
They must have been hiding and seen me go across the road and immediately put a ticket on.
I know I had a nightmare getting a bit of change a the shop (thats a whole other story) but i came back to get the ticket and then went to the car and found the ticket. There was 9 mins between the both so there was no grace period what so ever.

The_Deep

Have you seen this

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

It is worth complaining to your MP, £100 is ridiculous as you have part paid, you had no intention of bilking, and a Council fine would probably be much less.

JB83

So should I mention in my reply the nightmare i had trying to get some change for a ticket?

pappa_golf

parking Co,s dont do nightmares , they cause them , but do not care about causing them

you are allowed a grace period to park up and pay , typically 5 mins (can vary)

JB83

Ive just the following.

Dear Sir/Madam,

Can I remind you that the BPA code of practice requires that you supply any photographic evidence you have taken.

I am the lessee of the vehicle in question, my details are as follows:

xxxxxxxxx
xxxxxx
xxxxx
xxxxxx