PCN from an IPC member- questions...

Stevo46

Almost 3 months ago I parked my car in a car park, put a pay-and-display sticker in my car and went off. Some time later I came back, my car was just the same as I left it, I drove off and forgot all about that day.


Today I opened a letter from an IPC member to say that I am liable to pay the full payment for a parking charge that 'we recently wrote to you about' and that I can't appeal or pay the reduced charge because the time period in which to do that has now elapsed. The letter was written almost 2 weeks ago so the full payment is due within about 48 hours.



1. There was no PCN left on my car
2. I never received this previous letter they're talking about
3. The crappy photos they sent as 'evidence' show that there is a pay-and-display sticker on my car but you can't make out the time on it. It also happens to show that they didn't leave a PCN on my car.



By not sending me the letter that they pretend they sent me and by not leaving a PCN on my car, I had no idea there was ever an issue over me parking in that car park 3 months ago until I opened this letter today.


I am definitely not paying them anything and fully intend to make a massive deal out of this, but I am trying to figure out from your Newbies thread which methods of attack I can use...


- I think this letter, being the first letter to arrive (despite what they maintain), is my NTK? Is this the case despite the fact that they've invented a fictitious previous letter (no date of writing mentioned)?

- The letter I've just received arrived nearly 3 months to the day after I parked and never received a windscreen PCN. So does this mean that their 14 days are up and I have no keeper liability, despite the fact that they claim they sent me a previous letter?

- They have no concrete evidence of me outstaying my pay-and-display as the picture quality is too poor- so surely they therefore don't have a leg to stand on anyway?

Redx

you have no idea what evidence they have, or if they can prove that a letter was sent out, so issue them with a SAR and find out


also email the DVLA and find out when your details were accessed, to get an idea if their claim is correct or not


if they take this to county court, they have to prove their case and a judge will decide whose legs are being stood on, they have 6 years to do this

Umkomaas

Which parking company, please?

Stevo46

Do I issue them with an SAR before sending a letter strongly denying their allegations?


The company is Kernow Parking Solutions

Coupon-mad

The crappy photos they sent as 'evidence' show that there is a pay-and-display sticker on my car but you can't make out the time on it. It also happens to show that they didn't leave a PCN on my car.

Typical Kernow evidence! LOL. Send them a SAR to see all photos, then ignore them unless they break the habit of a lifetime and try a small claim within 6 years.

Stevo46

Haha! Great, will do, thanks so much for the advice

Stevo46

I have emailed the DVLA- should I wait to hear back about when my details were accessed before sending off the SAR and template letter to Kernow?


Also, out of interest, I presume these companies are required to prove that the photos they took of your car/ticket were at the time they say they were taken? Just because they maintain they took the photo 20 minutes after it expired for instance, doesn't mean they actually did

Coupon-mad

They are not required by anyone to do anything, hence why this is happening:

https://forums.moneysavingexpert.com/discussion/5891794/draft-advisory-code-of-practice-sir-greg-knight-bill&page=4

...as we hope you will have seen, by reading other threads from today.

Stevo46

Hi all, just thought I’d give you an update

KPS have ignored my SAR and request for evidence (e.g: signage etc) and I’ve started recieving the usual debt collectors notices.

There was a massive delay getting my SAR from the DVLA but it’s finally come through the post. It’s given me some interesting information:

1. KPS is some bloke in a caravan park in Penzance
2. They have told the DVLA they used ANPR (the photos clearly show someone with a phone and there is no ANPR anywhere in the mousehole carpark)
3. They only filled out the V888/3 form 10 days after the alleged parking ‘offence’

I did ask the DVLA to tell me when they responded to the V888 but they haven’t told me. Should I bother asking them? Clearly by the time KPS sent the V888/3 form off and got a reply from the DVLA and then sent me a PCN it would have been well past the 14 day cut-off, so is it worth it? In fact I’m pretty sure the reason that I never got the original PCN with the reduced amount to pay that they claim to have sent me is because it never actually existed. They just decided to go straight for the ‘final warning’ letter 3 months later.

Can I complain to the DVLA that they’ve lied about the ANPR?

twhitehousescat

sommot way back sticks out that you cannot claim ANPR when using paper form , makes sense realy as there id no chance of sending letter by day 12

will read back thru acts latter , stands out tho , how can you do something that you will fail with

Can I complain to the DVLA that they’ve lied about the ANPR?

a man wuth a camera is acceptable for ANPR


POFa stated ANPR and ticket to customer within 14 days or ticket on car and ask dvla for info after day 28

Coupon-mad

1. KPS is some bloke in a caravan park in Penzance
2. They have told the DVLA they used ANPR (the photos clearly show someone with a phone and there is no ANPR anywhere in the mousehole carpark)
3. They only filled out the V888/3 form 10 days after the alleged parking ‘offence’

LOL!

I did ask the DVLA to tell me when they responded to the V888 but they haven’t told me. Should I bother asking them?

Yes, you need that.