Has a bullet been dodged?

Spursmad

Car was parked in a certain supermarket car park which has ANPR for over the allotted time on 12 Dec
From reading other posts on here, it seems they have to get the letter to the Registered keeper (the V5 record is correct and up to date) within 14 days,,making yesterday 26 Dec as the last day to be within the POFA guidelines, or does the fact that there are two bank holidays involved shift the 14 day cut off until after the postie calls on SAt?

Umkomaas

A 'bullet' can arrive at any time in the next 6 months (the time available for a PPC to access the keeper's data from the DVLA).

The time limit of 14 days applies to the PPC's ability to hold the keeper liable for any parking charge potentially owed by the driver.

If this is a Tesco/Highview situation - expect a Notice to Keeper (NtK) any time in the next month or so. If it's not this axis, please tell us which retailer and which PPC.

Weekends and Bank Holidays are irrelevant. It's 14 days from the day following the parking infringement to meet PoFA requirements.

The_Deep

If they do not know the identity of the driver they have a huge struggle.
Be prepared for threats, lies, lots of read ink solicitors letters, etc., read about the game they play.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Spursmad

It is Waitrose with 90 mins free parking, return within 90 mins not allowed, and Britannia parking overseeing it.
So as the 14 days expired yesterday,(26th) if anything arrives in the future the RK can write back and advise them that the letter has been passed to the driver and whether he decides to contact them is his perogative?
And as the time limit to pursue the RK has now passed that all info that concerns him and is held by them is to be destroyed?

Umkomaas

Sorry, these 'gotcha' ideas won't stop them in their tracks, they will plough on chasing the only person they have the details of.

If you do receive a NtK you should follow the advice in the NEWBIES FAQ sticky, post #1 with a complaint to Sainsbury's (write to their CEO) and an initial appeal to Britannia. Then get this killed at POPLA using the 'a non PoFA compliant NtK was served'. As Britannia are now signed up with BW Legal and unless this is killed off by either of the two methods I mention above, you will get on the receiving end of constant paperwork, resulting ultimately in a LBC and MCOL Claim.

Should a NtK come to fruition, this is not a case for clever strategies, and most certainly not one for ignoring.

Spursmad

Umkomass

I am a bit confused
The car was parked on 12th Dec, and in and in your earlier reply you said]

'The time limit of 14 days applies to the PPC's ability to hold the keeper liable for any parking charge potentially owed by the driver.'


AS the 14th day was yesterday 26th, should an NTK arrive from tomorrow 28th onward this is then outwith the 14 day 'rule,? ( doesnt when is was sent have any bearing at all?)

i then
1) send an appeal saying they have not complied with the POFA ( is it rule 9 or something?)
2) i guess they then reject it
3) i ask for a referral to POPLA because of this delay, and when this id received
4) I got to POPLA and POPLA hopefully! tell them to cancel the ticket

Have i got this straight? I am just hoping they dont send anything!!!

Regards

Umkomaas

AS the 14th day was yesterday 26th, should an NTK arrive from tomorrow 28th onward this is then outwith the 14 day 'rule,? ( doesnt when is was sent have any bearing at all?)

It's when it's received. It's tough (for the PPC) if the final date for receipt falls on a Bank Holiday. You will need to spell this out to POPLA, as usually nothing you say to the PPC will cause them to cancel, so keep your powder dry.

i then
1) send an appeal saying they have not complied with the POFA ( is it rule 9 or something?)
2) i guess they then reject it
3) i ask for a referral to POPLA because of this delay, and when this id received
4) I got to POPLA and POPLA hopefully! tell them to cancel the ticket

Have i got this straight? I am just hoping they dont send anything!!!

I take it you've not yet read the newbies sticky? It really does have everything comprehensively laid out, so nothing from the process is missed by you posting random questions and random posters giving quick answers.

Spursmad

OK thanks
Will pour a dram and digest both!!

Spursmad

Just an update

Still no invitation to pay.
Do you think

1) they have forgotten
2) the ANPR are dummies
3) they will write later getting all stroppy, after all they could claim it was 'served' withing the timeframe, and Royal Mail have lost it

4) however if they try 3 above, would the fact that i am 'unaware' of the infraction assist

Umkomaas

Spursmad wrote: »

Just an update

Still no invitation to pay.
Do you think

1) they have forgotten
2) the ANPR are dummies
3) they will write later getting all stroppy, after all they could claim it was 'served' withing the timeframe, and Royal Mail have lost it

4) however if they try 3 above, would the fact that i am 'unaware' of the infraction assist

1. Unlikely, possibly still closed over Christmas
2. Unlikely
3. Happens
4. Unlikely

Fruitcake

They have six months to obtain keeper details from the DVLA. They have six years to try court.

We are not mind readers so cannot possibly know if this has been forgotten, but purely from experience I think it is unlikely.
Expect a NTK at some point. If/when that happens you just follow the advice in the NEWBIES thread to appeal using the template you will find there, then appeal to PoPLA and win if/when this is rejected.

In addition, complain to the Waitrose manager/CEO if the keeper does get an NTK, complaining robustly about genuine shoppers being scammed.
You should also complain to your MP about this unregulated scam if a NTK arrives. It's the only way to stop this sort of thing.

Use the information in red from post 1 of the NEWBIES when complaining to Waitrose and your MP.