PNC Help

Edna_Basher

Their response detailed in your first post is just a phishing letter to try to trick you into revealing the driver's details.

The BPA Code of Practice allows them 35 days to either accept or reject your "appeal". Their standard rejection letter (plus POPLA code) will follow shortly.

Manly

waamo wrote: »

If you don't get a code in about a week or so complain to the BPA that you have had a rejection but no code.

ok message recived thanks

Edna_Basher wrote: »

Their response detailed in your first post is just a phishing letter to try to trick you into revealing the driver's details.

The BPA Code of Practice allows them 35 days to either accept or reject your "appeal". Their standard rejection letter (plus POPLA code) will follow shortly.

ok once again thanks for the help Edna

Edna i was just reading the template you did in another post. i also read the POFA and just about got my head around what its saying. as RedX said, they did not forward any of the documents with the NTK so the template would have been perfect if i had seen it before the on on the newbie page.

I will sit tight and wait for a formal letter of rejection. Am i correct in thinking that if i havnt heard from them again in 35 day the matter is settled?

Edna_Basher

Nope, that wouldn't be the end of it unfortunately. If they don't get back to you within the 35 days you would need to complain to the BPA about their failure to comply with the BPA Code of Practice.

Coupon-mad

What was unclear about the advice in the other thread like this, yesterday?

https://forums.moneysavingexpert.com/discussion/5962021/pcn-from-local-parking-security-ltd

Manly

Coupon-mad wrote: »

What was unclear about the advice in the other thread like this, yesterday?

My bad i didnt see it

Manly

Edna_Basher wrote: »

Nope, that wouldn't be the end of it unfortunately. If they don't get back to you within the 35 days you would need to complain to the BPA about their failure to comply with the BPA Code of Practice.

Hi

The company has sent out a reminder noticed dated February 18th asking for payment asking for payment within 21 day (which will be on Monday).

This notice came by post.

The keeper has not received anything else by email regarding the POPLA code.

Should i now make my complaint to the BPA?

Cheers

MistyZ

So yes, if it is more than 35 days since the appeal was submitted and you have not received an email accepting or rejecting it then complain to the BPA. Keep checking spam folder. Tell BPA about the harassment too.

This would seem to be a particularly unpopular car park (note that link is from 2017, LPS may be running it in an exemplary manner these days hahahahaha).

https://www.getsurrey.co.uk/news/surrey-news/ashford-car-park-protesters-refuse-12701335

Manly

MistyZ wrote: »

So yes, if it is more than 35 days since the appeal was submitted and you have not received an email accepting or rejecting it then complain to the BPA. Keep checking spam folder. Tell BPA about the harassment too.

This would seem to be a particularly unpopular car park (note that link is from 2017, LPS may be running it in an exemplary manner these days hahahahaha).

thanks is there a template i can use? it hasnt been 35 days yet but its not far off. think 35 days will be 19th or so.

Manly

Guys im struggling to understand what to do next any advice would be very much appreciated.

So i have still not received a POPLA code and 35 days have passed so its now time to complain to the BPA. Is this appropriate so send to the BPA?

"Dear Sir/Madam

I wish to make a formal complaint as the registered keeper with regards to a PCN XXXXXXXXXX which was issued as a NTK on the 18.01.2019 by LPS (Local Parking Security LTD).

An appeal email was sent to LPS via email as per the appeals process detailed on the reverse of the NTK on 14.02.2019 at 10:16. An acknowledgment of this email was received on the same day 12:15.

LPS then sent a reminder demanding payment within 21 days. This was dated 18.02.2019

To this date there has been no further communication regarding the outcome of my initial appeal.

In light of the above information I believe that LPS are in breach of the British Parking Association Code of Practice 2012 - Version 6, October 2015, under sections 22.6 and 22.8.


22.6 states:
"When you receive a appeal about the issue of a parking charge, you must stop work on processing the charge immediately. You must not increase the charge until you have replied to the appeal."


22.8 states:
"You must acknowledge or reply to the appeal within 14 days of receiving it. If at first you only acknowledge the appeal, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the appeal in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a appeal may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times."

Due to LPS failing to adhere to these conditions I believe that they are in breach of the Code of Practice and would appreciate your taking the appropriate action.

Furthermore, LPS have referred to the POFA 2012. Upon consulting this act it appears LPS has no grounds to recover this parking charge for me as the keeper of the vehicle as stated in paragraph 13(2) of POFA 2012...

"The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a) A statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b) A copy of the hire agreement; and

(c) A copy of a statement of liability signed by the hirer under that hire agreement.

AND

Paragraph 14(2) and (3) of POFA 2012:

(2) The conditions are that —
(a) The creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;
(b) A period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and
(c) The vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
(3) In sub-paragraph (2)(a) “the relevant period” is the period of 21 days beginning with the day after that on which the documents required by paragraph 13(2) are given to the creditor.[/I]

I can confirm that none of the documents mentioned above were forwarded to me within the stated time frame of 21 days. As such keepers liability can not be enforced in this case.

Kind Regards

Registered Keeper"

Have i missed anything?

Cheers in advance

waamo

Looks fine to me.