Waitrose, BW Legal, Britannia Parking, John Lewis Legal team

twhitehousescat

Steve Clark

steve.c@britishparking.co.uk

BS_Newbie

Redx wrote: »

POFA is very , very important to your case, especially as BRIT failed to follow it as CM stated earlier

timescales for a windscreen pcn are , NTK to keeper after contacting the dvla , between day 29 and day 56 to arrive with the RK of a private vehicle

if no windscreen ticket was issued , then the timescale for a private vehicle are that the NTK must arrive by day 15 following the incident , where the incident date is day zero and they have obtained keeper details from the dvla within that period

nb:- company/hire/lease vehicles are different however , with alternate timescales

there are other hoops they must jump through as well, like the warning paragraph and other bits and pieces listed in POFA , BUT IF THEY FAIL JUST ONE , THEY FAIL , END OF

Thanks red x - the letters were all sent out in compliance of the times allowed I will scan the letters sent from Britannia as I am absolutely no POFA expert and I am beginning to get totally overwhelmed if I am totally honest. - I need to step away from the PC and let my brain rest

One question - when writing to britannia will it be sufficent to say to them that their correspondence is not compliant with POFA .

So from what I understand from Pofa for windscreen tickets with NTKall the following have to apply and I have marked in red which ones I think are not present

- Which car the ticket relates to -
- What land the car was parked on
- The period the car was parked what BP put in their letters are time observed from and observed to but do not provide any evidence of both those times - they only give pictures of the car at one point in time
- Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full
- State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when - This informtion is not anywhere in the NTK
- Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements
- Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver
- Identify the “creditor” who is legally entitled to recover the parking charge
- Warn the keeper that if the parking charges remains outstanding after 28 days and the name and address of the driver has not been given, or otherwise known to the person entitled to the parking charge, that “creditor” will be entitled to recover the parking charge from the registered keeper.
- Details of the discount for payment within 14 days,
- Date of the notice

BS_Newbie

KeithP wrote: »

Paul Smith? Where did that name come from?

Oh Dear I meant Steve Clark steve.c@britishparking.co.uk as very kindly provided earlier by twhitehousescat
I will change that :rotfl:

Coupon-mad

You've shown a 'final reminder' not the NTK (first letter).

And there's no need to go through the POFA like that; it's already been said that there is nothing from para 8 in their NTKs from 2016.

You missed the main omission by looking for niggly bits like a period of parking.

Redx

BS_Newbie wrote: »

Thanks coupon Mad
Quick questions is there a time limit that Britannia have to write to the RK in order to comply with Pofa because in each case they are about 35 days after the issuance of the PCN

Here are all the dates

date pcn issued date 1st letter arrived from Britannia to RK
20/1202016 24/01/2017
(2 identical letters with only seconds difference as stated in earlier post.
13/01/2018 05/03/2018
12/11/2018 31/12/2018
15/11/2018 07/01/2018

those dates cannot be right (typos ?) surely its

date pcn issued date 1st letter arrived from Britannia to RK

1) 20/12/2016 24/01/2017

(2 identical letters with only seconds difference as stated in earlier post.

2) 13/01/2018 05/03/2018
3) 12/11/2018 31/12/2018
4) 15/11/2018 07/01/2019

and were there windscreen tickets issued at any time for those occasions ?
these would constitute a NTD , a Notice To Driver , placed on the windscreen and pictures taken on the incident dates

if so , then its day 29 to day 56 plus the POFA compliance issues , including the KEEPER warning paragraph after 28 days etc that matter

if not , then they failed POFA timescales for issuing the NTK to the RK by day 15


as mentioned below, those letters you posted are NOT the NTK,s , they are the FINAL REMINDERS , its the actual first postal NTK,s that matter here (and any windscreen NTD,s and pictures too)

twhitehousescat

this was done by ANPR/shop staff , no ticket was placed on car

therefore the letter has to be RECEIVED by the customer within 14 days if they wish to use POFA

the date the letter was PRINTED was 21days after incident , and would be received approx 23 days after incident

if they claim ticket was placed on car , then again they have broke rules as they cannot apply untill day 29

QED

edit , its FEBUARY thats 52 days !!!

get that letter to the DVLA done tonight !!!

and the more you check the letters the more mistakes you will find


is it any wonder that brittania kept getting sanctioned

Coupon-mad

But they are Final Reminders and they talk about having written before.

twhitehousescat

well spotted , a final reminder that has to be sent 4 weeks / 31 days after first letter?

BS_Newbie

twhitehousescat wrote: »

this was done by ANPR/shop staff , no ticket was placed on car - None of these were done by ANPR ( i did confirm this in a previous repy) or the shop staff. At this car park Britannia always have at least one or two staff members in the car park going round issuing tickets!!
all the PCNS were windscreen tickets to the driver

therefore the letter has to be RECEIVED by the customer within 14 days if they wish to use POFA

the date the letter was PRINTED was 21days after incident , and would be received approx 23 days after incident

if they claim ticket was placed on car , then again they have broke rules as they cannot apply untill day 29

QED

edit , its FEBUARY thats 52 days !!!

get that letter to the DVLA done tonight !!! - Its very late now and I am very tired - can you please help me and confirm which letter needs to be sent to the DVLA please

and the more you check the letters the more mistakes you will find


is it any wonder that brittania kept getting sanctioned

Redx wrote: »

those dates cannot be right (typos ?) surely its

and were there windscreen tickets issued at any time for those occasions ?
these would constitute a NTD , a Notice To Driver , placed on the windscreen and pictures taken on the incident dates

if so , then its day 29 to day 56 plus the POFA compliance issues , including the KEEPER warning paragraph after 28 days etc that matter

if not , then they failed POFA timescales for issuing the NTK to the RK by day 15


as mentioned below, those letters you posted are NOT the NTK,s , they are the FINAL REMINDERS , its the actual first postal NTK,s that matter here (and any windscreen NTD,s and pictures too)

I have now scanned and redacted all the PCns so I will post the first two from 2016 - only one of them has the original windscreen ticket as the RK did not keep all of them

Coupon-mad wrote: »

You've shown a 'final reminder' not the NTK (first letter).

And there's no need to go through the POFA like that; it's already been said that there is nothing from para 8 in their NTKs from 2016. - Ah OK thank you - I am new to this so please bear with me

You missed the main omission by looking for niggly bits like a period of parking.

I've been copying all the PCNS & NTK letters & final reminder. - the RK did not keep l the original tickets and all of them were windscreen tickets .

I've commented in red text in the body of the previous replies for which i am hugely grateful

BS_Newbie

so its almost 1am and I am absolutely brain dead right now so going to bed and will pick this up tomorrow.

I have scanned and redacted all the correspondence that the RK gave me and to start with these two from 2016 from the identical time .
this is the first one




and here is the other one