No PCN, No NTK

Yolo84

today i have received the sar request from armtrac. It includes photos of my car between the times 17:19 and 17:20. There is also a photo of their sign however it is far too blurry to make anything out. I have also received a NTK dated 07/03/18. I never received this. It also states a PCN was affixed to the windscreen, there wasn't. There is also a final letter before debt recovery dated 19/04/18, I also never received this. I have tried to post images however it is not letting me as i am a new user.

Umkomaas

I have also received a NTK dated 07/03/18.

What was the date of the actual parking event?

Does the NtK have a formal warning that the keeper of the vehicle is being held liable for the charge? It will look something like this:

'You are notified under paragraph 8(2)(b) of Schedule 4 ..... '. And a further paragraph which commences ' You are warned that if, after 29 days from the date given ....'?

Yolo84

The parking event was 04/11/17.No it doesn't say that. The ntk says:
The driver of the above vehicle is liable for a Parking Charge in the above amount, which at the date of this notice , remains unpaid in full and for which the Balance due remains outstanding.
A Parking Charge Notice was (Notice to Driver) was affixed to the windscreen of the vehicle at the Time of Issue. This charge relates to the period of parking that immediately preceded the issue of that Notice, the charge having been incurred for the reason as stated above and liability for the same having been brought to the attention of the driver by clear signage in and around the site at the time of parking.
We, the above named company, are the creditor. At the time of this notice we do not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle.
You are now invited to
Pay the unpaid parking charge
or
If you were not the driver of the vehicle , to notify us of the name of the driver and a current address for service for the driver AND pass this notice on to the driver.

The letter then just goes on to detail how to pay, appeal, complain and then a bit about data processing.

Yolo84

HI guys, I got the SAR back from the DVLA which is shows they did not send my information until 13/02/18, 115 days after the incident. I have just returned from a winter break to find a letter from bwlegal stating that if i do not pay or contact them by 27th January then they will issue a claim. I understand i should respond, but should i just say i am happy to go to court or should i state why in the hope they drop the claim?

Redx

there was a time when this blackhole of a postal service and armtrac was like a sci fi film, they post letters and those letters never arrive, so much so the P.O. was blamed for this appalling service in Cornwall, or Devon, but only regarding ARMTRAC and no other company , lol. perhaps it was like the wild west (PONY EXPRESS) and used horses at waystations before dumping them in the sea ?

as for your LBC, send B W LEGAL a typical rebuttal by email denying the alleged debt, same as in the scores of other recent B W LEGAL threads on here


failed POFA2012 so no keeper liability

Coupon-mad

Yes, reply robustly and show that proof that the Claimant cannot rely on the POFA.

twhitehousescat

tnc doing there best again

WHO asked for your info , on what grounds and method used

Yolo84

hi guys, after my last post i emailed bw legal this:

I am writing to inform you that I deny the alleged debt claimed in your letter regarding the above account number. I have attached a copy of your clients request to the DVLA for my information dated ****** With the date of the alleged incident ******, your client will not have complied with the Protection of Freedoms Act 2012. Regardless, I have never received a notice to keeper from your client anyway, the first I heard of the alleged incident was when I received a letter from TNC Parking Services on ******, so have never even been given a chance to appeal. Once again I deny this alleged debt and would remind you that your client cannot rely on the Protection of Freedoms Act 2012.

I have since had this email back:

Good afternoon
We note your comments regarding the disclosure of your details as the registered keeper of the Vehicle by the Driver and Vehicle Licensing Agency (DVLA). Our client’s signage alludes to the fact that they may request registered keeper’s details from the DVLA for the purpose of issuing a PCN. As an approved car parking operator, our client’s is able to obtain such details from the DVLA in the event the terms and conditions of the Car Park have been breached. In any event, we refer you to the extract below taken from the DVLA Release of Information document which affirms our client’s position above.

We note your comments that you were not the driver at the time the contravention occurred. Please note, Our Client does not intend to rely on The Protection of Freedoms Act (“POFA”). Instructions were provided on the PCN on how to proceed if you were not the driver at the time the contravention occurred. As details of the driver have not been forthcoming to suggest otherwise, Our Client, in the absence of the driver's details, reasonably presumes that you were the driver and we refer you the recent Court of Appeal case of Combined Parking Solutions Ltd v AJH Films Ltd [2015] EWCA Civ 1453. In this case, AJH Films had failed to provide details of the driver of vehicle on the day in question and as such it was concluded that as AJH Films had permitted the driver to use the vehicle, then they should be liable for charges incurred.
It is important that you contact this office within 14 days to discuss this matter further.

So they're saying it doesnt matter whether i received the NTK within the time stated in POFA? Are they just lying? Should i email back saying again i have never had any ticket, and demand proof of postage for the NTK?

Yolo84

Alright guys can anyone give any advice on my above post? Thanks for any help

twhitehousescat

yes I asked several mths ago WHO asked the DVLA for your info and for what reason

was it TNC parking services