NTD from LPS (Local Parking Security Ltd)

Weasel_Watcher

Driver suffered a flat tyre and had to abandon the car in the closest car park. It was dark and the driver was not aware that the car park was a Pay and Display operation - in fact it was a pub car park, so the driver assumed it was free.

Upon arranging for a recovery truck and returning to the vehicle, driver surprised to see NTD on windscreen.

The company is LPS (Local Parking Security Ltd). Looked them up and they're BPA members, so hopefully this can be beaten at POPLA.

The driver has taken photos of the signage, and of the flat tyre. Keeper is all ready to sit this out until day 25/26 and submit the blue template as per the newbies thread.

However, wondering whether there's something more here.

1) The NTD is headed "EXCESS CHARGE NOTICE". Isn't this only permitted by local authorities and police? Can this be used against them?

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

Parking Eye, COM, Smart,s and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

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

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Fruitcake

Weasel_Watcher wrote: »

Driver suffered a flat tyre and had to abandon the car in the closest car park. It was dark and the driver was not aware that the car park was a Pay and Display operation - in fact it was a pub car park, so the driver assumed it was free.

Upon arranging for a recovery truck and returning to the vehicle, driver surprised to see NTD on windscreen.

The company is LPS (Local Parking Security Ltd). Looked them up and they're BPA members, so hopefully this can be beaten at POPLA.

The driver has taken photos of the signage, and of the flat tyre. Keeper is all ready to sit this out until day 25/26 and submit the blue template as per the newbies thread.

However, wondering whether there's something more here.

1) The NTD is headed "EXCESS CHARGE NOTICE". Isn't this only permitted by local authorities and police? Can this be used against them?

That's good. Did the keeper also take pictures of the entrance and signage during roughly the same conditions as the alleged event?

No, I don't think so.

Weasel_Watcher

Fair point no. The keeper will return to that car park tonight and take photos of the entrance and signage under the same conditions that would have been experienced by the driver.

However that still lets them off the hook with their big capitalised "EXCESS CHARGE NOTICE". They've not got any authority to issue such a notice. This is merely a parking charge notice; a speculative invoice for an alleged contract that the keeper intends to dispute.

Fruitcake

Don't use flash for the images.

Weasel_Watcher

Fruitcake wrote: »

Don't use flash for the images.

Won't use a flash, though the driver left it there on a Saturday night at about 3:15am, so I think it's unlikely to be exatly the same conditions(!)

Coupon-mad

You do need it to be pitch black, though.

KeithP

Pick a day when there is no moon... just as it was on your flat tyre day.

Weasel_Watcher

OK, just to leep things up-to-date, tomorrow is Day 25. Almost ready to post off the blue appeal template.

Not gonna lie, I'm a bit worrried since the appeal process offers an email address only, rather than an online form, so it won't be possible to prove anything was sent.

However, searched for other cases from this company and it appears that the NTK is non-POFA compliant, so I'm not sure if it wouldn't be better to receive the NTK than try and cause them to slip up and not send one.

Regadless of all this, I trust this board's proven record, and unless I hear otherwise, will email the template tomorrow adding nothing mitigating (like flat tyre) since I'm just after the POPLA code.

KeithP

Weasel_Watcher wrote: »

Not gonna lie, I'm a bit worrried since the appeal process offers an email address only, rather than an online form, so it won't be possible to prove anything was sent.

Yes it will.

Add yourself, or a friend or relative, on the .cc list and you have your proof.
On the balance of probabilities, it is extremely unlikely to be successfully received by one recipient and not by another.

Weasel_Watcher

Right, received a reply this morning day 29 from the initial day 25 appeal.

[FONT=&quot]Dear <Keeper Name>,[/FONT]

[FONT=&quot]Parking charge notice: <PCN Number>
[/FONT]

[FONT=&quot]Thank you for your email dated: 6th April 2018 [/FONT]

[FONT=&quot]We advise that The Blackweir car park operates as a pay and display system for all car park users, this is clearly stated on all signs located throughout the car park. [/FONT]

[FONT=&quot]Please find attached our photographic evidence as requested. Please note all our photos are time and date stamped.[/FONT]

[FONT=&quot]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. [/FONT]

[FONT=&quot]Please refer to Protections of Freedoms Act 2012 Schedule four, for further details on this. [/FONT]

[FONT=&quot]If you are able to provide us with the drivers (sic) 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.[/FONT]

[FONT=&quot]Yours Sincerely [/FONT]

[FONT=&quot]Appeals Department[/FONT]
[FONT=&quot]Local Parking Security Ltd.[/FONT]
[FONT=&quot]PO Box 6321[/FONT]
[FONT=&quot]Warwick[/FONT]
[FONT=&quot]Warwickshire[/FONT]
[FONT=&quot]CV34 9QB[/FONT]

Email was just like that with apostrophe error on "drivers" in the second instance. Not very professional. Attached to the email are several photographs of the car, timestamped, with a photograph of the entry sign.


No POPLA code has been provided, and so far there has been no notice to keeper.

Suppose I should sit it out and wait for the time to send an NTK expires, but I'm concerned that they appear to have rejected the appeal without providing a POPLA code. Should I contact them demanding the code, or let it (hopefully) time out?

It would be preferable to beat these people at POLPA rather than have to hang around for 6 years.