'Notice to keeper' from TNC UK

kulashaker

Hi All,

My query is about a Notice to Keeper which I received from TNC UK.

Incident: This was at a residential communal parking in London which is in a gated housing society with free guest parking. I was visiting my sister for the week. The rule of this estate management is that you need to email them in advance to let them know that you need a visitors permit. So when I emailed them asking for a visitors parking for 4 days, they replied that the maximum duration of a permit they can issue is 24 hours and you have to come back to renew your permit every 24 hours. These are hand-written permits where the receptionist fills up the Car Reg., Start and End Times and the Flat number of your host,

therefore nothing clearly mentioning any rules of contract

. Now on one such evening when I was due to renew my permit (after the stipulated 24 hours), I could not find anyone in the office. Hence I could not renew the permit for that night, before I headed out for the night leaving my car on the premise. Next morning (3rd April) there was a PCN from P4Parking UK on my windscreen. This is the usual £100 discounted to £60 if paid within 14 days. I did not bother much. Now on the 23rd of May , I received the 'Notice to Keeper' from TNC UK asking to pay £100 within 28 days or appeal to P4Parking (dated 16th May).

Apprehensions:

• There is no way I can prove that I had been to their office on the previous evening - the development might have cameras but not sure if my attempt would have been captured.
• Apart from the email exchange with the estate management where I had informed them of the length of my stay, I have no official proof of a parking permit at the time when the PCN was issued
• Biggest one - I am on a tier 2 Visa and a court judgement or even a case can be very worrying - we immigrants are refused further rights to stay even if we have a single point on our driving licenses!

Questions: Can you please suggest what is the best way forward? I don't at all want to give in to this scam but my worry about resident status and a prospective court case against my name is making me very nervous!

I am also moving home in a couple of weeks, so not sure if they will trace my new address again?

Many thanks in advance!

Coupon-mad

Now on the 23rd of May , I received the 'Notice to Keeper' from TNC UK asking to pay £100 within 28 days or appeal to P4Parking (dated 16th May).

DO NOT APPEAL SAYING WHO WAS DRIVING, NOR WHAT HAPPENED!

Send/submit online if offered, the usual 'registered keeper' template appeal, you know, the one in:

NEWBIES PLEASE READ THESE FAQS FIRST

And add a few extra sentences, telling them:



You and the parking firm are formally advised that from June 2018, my address will be:

xx xxxx xxxx
xxxxxxx
YOUR TOWN
YOUR NEW POSTCODE

I reasonably expect that your records and those of your client parking firm will be updated immediately, in compliance with the GDPR.

Further - formal note:
Service of any letters and/or any legal documents by email is expressly disallowed. All responses to me from this point forward must be made by the Royal Mail postal service. Regardless of any MCOL online system, in this case, service of any court claim must only be made by first class post to the latest address provided by me.

kulashaker

DO NOT APPEAL SAYING WHO WAS DRIVING, NOR WHAT HAPPENED!

Thanks Coupon-mad. Submitting an appeal online. This is how it looks:

Dear Sir/Madam,

Re PCN number:!XXXXXXX

I appeal and dispute your purported 'parking charge', as the keeper of the vehicle. I deny liability and consider the PCN an absolute disgrace and pure intimidation.!

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there any agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established inParkingEye Ltd v Beavis, which is fully distinguished.

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

1. Please provide dated photos of the signs on site, which you contend formed a contract.
2. Please provide!all!images taken of this vehicle on that day, at the material location.

I will use POPLA (if offered) not the 'IAS' which has been exposed in Parliament as compromised by a conflict of interests with the IPC. The BPA were also heavily criticised and both appeals systems were condemned - hardly surprising for an industry where so-called AOS members admitted in recent years to letting victims 'futilely go through the motions' of appeal and saying on camera 'we make it up sometimes' (BBC Watchdog). Firms of your ilk were unanimously criticised in 2018 as operating an 'outrageous scam' (Hansard 2.2.18).

I have kept proof of submission of this appeal and will also be making a formal complaint about your predatory and aggressive conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed by way of unanimous conclusion:!''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.!

You and the parking firm are formally advised that from XXth June 2018, my address will be:

xx xxxx xxxx
xxxxxxx
TOWN
POSTCODE

I reasonably expect that your records and those of your client parking firm will be updated immediately, in compliance with the GDPR.

Further - formal note:
Service of any letters and/or any legal documents by email is expressly disallowed. All responses to me from this point forward must be made by the Royal Mail postal service. Regardless of any MCOL online system, in this case, service of any court claim must only be made by first class post to the latest address provided by me.

Yours faithfully,

XXXX XXXXXX

XX XXX XXXX

Town PostCode


I will keep you posted about any update. Many thanks again.

kulashaker

This P4Parking has a horrible appeal portal. In the PCN, it says all appeals must be submitted online but the portal just doesn't recognise the number. First of all, there is no unique ref. number in the original PCN. I am not sure how they expected us to appeal against the PCN in the 1st place where it did not even have a unique Parking Charge Number. There are 2 numbers on the NTK, one being the Parking Charge Number, but neither of them work with the vehicle registration. It says: "Sorry, we cannot find this ticket - please check the details you have provided are correct".

I have rechecked and tried a few times, quite frustrating really!

System

Send a letter then - with proof of posting.

If they do not reply, then send a complaint to aos@britishparking.co.uk.

Coupon-mad

Take a screenshot and send the complaint to the BPA first.

HOLLIE_SMITH

I am in the same situation currently, waiting to appeal online (through their Nighthawk portal). Could you give me an update on your situation and what they responded with?

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, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another 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 lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

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 they will be out of business by Christmas.

Fruitcake

HOLLIE_SMITH wrote: »

I am in the same situation currently, waiting to appeal online (through their Nighthawk portal). Could you give me an update on your situation and what they responded with?

I doubt your circumstances are exactly the same. Are you an immigrant on a visa visiting the same residential complex as the OP over a period of four days and found the site office empty?

You need to read the NEWBIES and then start your own thread. If you have used your real name as your user name, you need to ask a board guide to change it, or create a new account with a non identifying username.