Secure A Space Appeal

Brummy_Decathlete

Hi there!

I have followed the helpful guidance on the forum and submitted the online appeal at day 26 (which was 11 November).

I received the two emails below (they suggested one was sent on 12 November but can't find it). I would be very grateful for your advice - I'm assuming simply ignore it? Input very much appreciated!


Email 1 - sent 11 November

Thank you

Good Morning

Thank you for your appeal. Unfortunately, we are still outstanding the following information:

Driver Name
Driver Address

Please provide the above requested information within 7 days to aid with our prompt processing of your appeal.

It is the driver's responsibility to park within the terms and conditions of the private property and read and observe the signs provided. Without knowledge of the driver's full contact details, we can follow legislation provided called POFA 2012 Schedule 4, which allows us to request the vehicle Keeper details from the DVLA and issue a Notice to the Keeper of the vehicle. This would formally request the Keeper to either make payment, or provide the driver name and address at that stage. Should the Keeper be unwilling or unable to either make payment or provide these details within the time restrictions provided, they would then assume liability for the Parking Charge Notice, as if they were the driver.

We can follow the above procedure however it avoids any unnecessary delays in dealing with your appeal to politely request this information by email at the appeal stage when it has not been provided. It is your right to withhold such information as it is our right to formally use the channels in place to obtain the information at that stage.

Email 2 - sent today

In relation to your appeal, we last contacted you on the 12th November 2018 requesting confirmation of the driver’s details. This information is requested as part of the appeals procedure. This is also stated on the Parking Charge Notice you have been issued with. It is worded as follows “To assist us in dealing with your appeal faster please provide driver details”.

It is the driver's responsibility to park within the terms and conditions of the private property and read and observe the signs provided. Without knowledge of the driver's full contact details, we can follow legislation provided called POFA 2012 Schedule 4, which allows us to request the vehicle Keeper details from the DVLA and issue a Notice to the Keeper of the vehicle. This would formally request the Keeper to either make payment, or provide the driver name and address at that stage. Should the Keeper be unwilling or unable to either make payment or provide these details within the time restrictions provided, they would then assume liability for the Parking Charge Notice, as if they were the driver.

We can follow the above procedure however it avoids any unnecessary delays in dealing with your appeal to politely request this information by email at the appeal stage when it has not been provided. It is your right to withhold such information as it is our right to formally use the channels in place to obtain the information at that stage.

Should you have any further queries please don't hesitate to contact us.
Kind regards,

Redx

do n0ot tell them who was driving


so yes IGNORE

KeithP

Ignore those emails and wait patiently for your PoPLA code.

Brummy_Decathlete

Thank you, that's what I was hoping you would say.

Await the next stage.

Brummy_Decathlete

Hi there,

By way of an update I received in today's post what purports to be a Notice to Keeper which states:

Parking Charge Notice - £60.00

We are writing on behalf of the creditor in relation to an unpaid parking charge. We have obtained your details from MLA under a "reasonable cause" request as you were the registered keeper of the vehicle specified at the time of the parking incident shown. A Parking Charge has been issued because the vehicle was parked in a manner where the driver attracted a parking charge as brought to the driver's attention via signage and agreed to by the driver when the vehicle was parked on private land managed by our client Secure A Space (The Creditor).

A Notice to Driver, providing details of the incident, was issued via a Parking Charge Notice (PCN) that was affixed to the vehicle screen. The driver was required to pay the parking charge within 28 days of issue. The opportunity to pay at the reduced rate has now passed and the full amount is now due by the driver.

As the charge has not yet been paid in full and we do not hold a record of the driver's name and address, we are writing to you as the keeper of the vehicle. As such we now invite you to make payment of the parking charge shown or if you were not the driver of the vehicle at the time of the incident to notify us in writing, acting on behalf of Secure A Space, of the name and current serviceable address of the driver. Please also pass this notice to him/her without delay.

If we do not receive the name and address of the driver within 28 days beginning on the day after this notice is given then if the charge is still outstanding we will have the right to recover payment from the keeper and we will also pass the case to a debt collector where further costs may be added.

Notice to Keeper
Our reference No:
Date of sending of this notice:
The Creditor: Secure A Space
PCN Date of issue:
PCN Time of issue:
Parking Charge Notice No:
Vehicle Registration No:
Location:
Reason for issue: FAILURE TO DISPLAY A VALID PERMIT
Outstanding Amount: £60.00

Payment options and instruction can be found overleaf.

Operating in accordance with the British Parking Association's Code of Practice.

As a side issue, they say the amount hasn't been paid by the driver and the full amount is now due, but the ticket said £100 reduced to £60 within 14 days. Whereas this NTK says full payment is only for £60.

Appears at first glance that this may be valid, but I'm no expert.

In your experience is this still worth fighting and what are the prospects? No POPLA code received, but I presume that will follow when they reject the appeal in the coming days?

Once again appreciate any guidance!

Thanks

Ralph-y

who was the letter off ?


who did they say to pay ?


Ralph:cool:

waamo

What do you mean by "valid"? If you mean you believe it complies with the requirements of POFA then you would be wrong.

It's not even close. No mention of keeper liability whatsoever. No mention of POFA even.

About a million miles away from being "valid".

Brummy_Decathlete

Thanks for the quick replies!

Letter was from PCS, Parking Collection Services.

Payment slip at the bottom requires cheque/postal order to be sent to PCS.

So PCS appears to 'act on behalf' of Secure A Space.

Delighted to hear it's not close to being a valid NTK! My assumption that it could be valid was simply based on that it was a (purported) NTK sent within the appropriate time limit (no earlier than 28 days from the date of the PCN and not after 56 days).

So do I await the POPLA code and complete that appeal, one of the grounds being an invalid NTK?

Truly appreciate your help!

waamo

Unless you've missed it off there is no information as to how the keeper can appeal. It's a fundamental requirement for POFA compliance.

If the driver didn't inform the keeper then how would the keeper ever be able to appeal?

Await your POPLA code

Brummy_Decathlete

My bad....I didn't review the reverse of the Notice

It mentions appeals and that they can be submitted online.

Also mentions this Parking Charge has been lawfully issued under Sch 4 POFA.

waamo

How many days after the parking event did it arrive?