Notice to Keeper after 168 days - Motability hire car

PenguinBB8

Hi everyone,

Sorry to start a new thread but I've trawled through the forum and lots of different advice but I am still unsure what to do about a PCN received in February. Apologies in advance if this has already been addressed somewhere on the forum and I have missed it.

Background: The PCN from CPS Midlands Limited was fixed to the (hire) car's windscreen at the beginning of the year. The PCN stated that the driver failed to display a valid permit. The driver did display a valid permit but suspects this was blown off when shutting the car door due to very high winds that night. As keeper of the vehicle, I appealed the PCN within a few days and did not name the driver. I enclosed a copy of the valid parking permit, along with other evidence. I did not receive any form of reply to my appeal from CPS Midlands so assumed that, given all the evidence that I displayed a valid parking permit, they had dropped the case.

Notice to keeper: So I today received a 'Notice to Keeper or Hirer' from TNC Parking Services stating that I need to pay £100. The PCN was issued has arrived after 168 days. I have read that the keeper of the vehicle is neither required to name the driver or pay if the NTK arrived after 56 days (under Protection of Freedoms Act, 2012). However, my car is a hire car through the Motability scheme. I read that the rules are different if your car is a hire car but I am not exactly sure how this changes my next steps.

Any advice on my next steps would be hugely appreciated. I really don't know who to contact or what to do next . I am very concerned about this because the NTK states that if I do not pay within 28 days then I will be liable to also pay additional fees.

Thanks in advance for any help!

nosferatu1001

Newbies thread covers this exactly.
POFA para 13 and 14 covers what is required for a hire vehicle.

Umkomaas

CPS Midlands are an IPC Operator. You had no chance of winning an appeal with them or via their second stage appeal outfit, the IAS.

TNC are essentially debt collectors, sometimes providing a back office function for bit-part operators.

http://www.tncgroupservices.com/html/Services/Parking%20Services.html

Treat this as a debt collection letter and ignore it (see NEWBIES FAQ sticky, post #4 about debt collectors).

Come back if CPS raise a court case (you'd be their first ever!).

http://www.parkingappeals.info/companydata/CPS_Midlands.html

Redx

you have done some good research there

I hope you read the NEWBIES FAQ sticky thread at the top of this forum ?

if so, read the bottom of post #1 again , then read the links to posts by "edna basher" and appeal yet again as hirer/lesseee/keeper using the basis of what he wrote in those posts to appeal as a lessee/keeper

they appear to have failed POF2012 on both timescales and also by not including copies of any hire agreements etc

so no naming the driver on the day, appeal once more as keeper but by following the edna basher instructions instead of those for keepers which are not hire or leased cars

chances are this wont stop them chasing you, but this step needs to be done in case they try a court claim using MCOL in the future

keep copies and proof of postage etc if using snail mail

keep all paperwork for 6 years in case of a court claim


so personally, I would treat it as a late NTK and respond just the once in the manner I described, then its ignore anything except a formal LBC or an MCOL within 6 years

PenguinBB8

Redx wrote: »

you have done some good research there

I hope you read the NEWBIES FAQ sticky thread at the top of this forum ?

if so, read the bottom of post #1 again , then read the links to posts by "edna basher" and appeal yet again as hirer/lesseee/keeper using the basis of what he wrote in those posts to appeal as a lessee/keeper

they appear to have failed POF2012 on both timescales and also by not including copies of any hire agreements etc

so no naming the driver on the day, appeal once more as keeper but by following the edna basher instructions instead of those for keepers which are not hire or leased cars

chances are this wont stop them chasing you, but this step needs to be done in case they try a court claim using MCOL in the future

keep copies and proof of postage etc if using snail mail

keep all paperwork for 6 years in case of a court claim


so personally, I would treat it as a late NTK and respond just the once in the manner I described, then its ignore anything except a formal LBC or an MCOL within 6 years

Thank you for your quick response!

I have read the newbies post and the part about hire cars but I am still quite confused.

As the post suggested, I disputed the PCN within 21 days but I didn't get any form of response from the company. I was unsure whether I should now re-send my appeal to CPS asking why they didn't respond, go through the formal appeals process with IPC, or inform CPS that, due to their failure to adhere to the POFA 2012 regulations, I will be pursuing the matter through POPLA and request a POPLA code.

I am still a bit unsure if the 56 day NTK timescale is extended with it being a hire car but surely 168 days is still beyond any form of limit?

Thank you for the information about hire agreements. I hadn't heard of this before and will look more into what TNC are required to send.

I am also unsure whether I said the letter using Edna's template to CPS Midlands (the company) or TNC Parking Services (who sent me the PCN through the post), or both?

Thanks again!!

Umkomaas

inform CPS that, due to their failure to adhere to the POFA 2012 regulations, I will be pursuing the matter through POPLA and request a POPLA code.

CPS are IPC operators, you will not get a POPLA Code from them.

If you're following Redx's advice, you can send the Edna Basher template to both. Use their websites appeal portals if available - but on checking, CPS don't seem to have any appeal route via their website (says it all probably!).

Redx

as above, none of it is clear cut

all I am doing is protecting your backside with a belt and braces approach with proof of posting in case you have to prove it to a judge in your local county court in the future

I would follow the edna basher approach because its all about a vehicle where the owner is MOTABILITY and so treat it as a leased car (seeing as you have to give it back after 3 or more years)

once you have appealed the CURRENT letter, ignore unless a formal LBC or an MCOL is received

so its more about you replying and having a paper trail for a judge in the future, not about the procedures etc , or who did what and when with what docs so far

my opinion ??? let a judge decide , if CPS have the ***** to issue an MCOL to a disabled person, plus maybe counterclaim under the EA2010 if they did issue an MCOL


but lay a paper trail the judge can easily follow , should the need arise

KeithP

OP, if your forum username is your real name you may want to get it changed to something more anonymous.

This extract from The MSE Forum Guide - Frequently Asked Questions & Rules explains how that might be done:

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The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.