Fine for entering wrong vehicle reg

KeithP

If you were to send that letter I imagine the first response will be along the lines of "please show me proof that you have your mother's permission to act on her behalf" and "can we have her permission to discuss the matter, which includes her details, with One Parking".

That can of course be preempted by including a paragraph stating that and signed by your mother.

familyguy321

Thanks KeithP, I thought that might be the case. I have my mothers permission, of course, but to make things more simple I will rewrite from her point of view.

KeithP

familyguy321 wrote: »

...I will rewrite from her point of view.

That's a better idea.

familyguy321

Response from QDR finally received. I've added the questions that were asked of their 'client' in bold. 

Dear xxxxxx,

We write with reference to your email.

Please find below a response to your points in your email dated 4th February 2020 regarding the Parking Charge Notice (PCN):

 1. Whether they are pursuing me as driver or keeper,
Our client is pursuing you as the registered keeper of the vehicle in question.

2. Whether they are relying on the provisions of Schedule 4 of POFA 2012.
Our client’s record confirms that a Notice To Keeper (NTK) was issued under Schedule 4 of the Protection of Freedom Act 2012.

3. What the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated.
The car park was GS CAR PARK LEICESTER LE1 3DL, you entered the car par at 16:23 and exited at 17:00. The outstanding balance of £182.00 includes initial PCN and recovery charges.

4. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
The contravention is for no payment/ticket for duration of parking at the site. The parking event breached the parking terms and conditions displayed at the site.

5. Provide a copy of the contract with the landowner under which they assert authority to bring the claim
We are not in possession of any document requested, however, any such information will only be provided in case of litigation activity.

6. A plan showing where any signs were displayed.
The car park operator is a member of British Parking Association (BPA), their signage is ample, clear and in line with the BPA Code of Practice to ensure the motorist is bound by them when they enter and remain at the site. Any further information about the signage, the parking terms and conditions, and or the signage plan can be obtained by visiting the parking site in question.

7. Details of the signs displayed (size of sign, size of font, height at which displayed).
Please refer to point 6.

8. If they have added anything on to the original charge, what that represents and how it has been calculated.
Please refer to point 6.

We have placed the above account on a 14-day hold.
Should non payment continue, our client may look to take further action.

D_P_Dance

£182 surely contains unlawful amounts, recovery costs must be included in the original amount.  Several judges are now throwing cases out because of this abuse of process, have you read the latest updates to the abuse of process thread?

Redx

Reply and query the total being claimed and insist on a costs breakdown , because you believe unlawful charges have been added to the initial £100 PCN , whereas the CRA and Beavis case state that the costs if recovery are included within the £100 initial charge

They won't have stated what any additional actual costs were on those signs

Also query anything else that pops up , inconsistencies etc

Fruitcake

As above, ask for a breakdown of the £182. If the initial charge was £100, then adding £82 is an abuse of process. It cannot be claimed for admin and collection fees etcetera as this is already included in the initial £100 charge as already determined by the Beavis case and the PoFA 2012.
If the £82 is not for admin and debt collection fees etcetera, then what is the £100 charge for since the PoFA and the Supreme Court decision determined that these charges are included in that?


Ask why they have referred your question about this to a paragraph about a signage plan. 


If/when the steamroller that is the robo-claim arrives, have you decided which court you would like to attend. Skipton, Warwick, and Soton appear to be some of the best places at the moment.


Have you asked your local council if planning approval for any scameras has been granted, and if advertising consent has been approved for signs? Not having the latter is a criminal offence, but I believe only the council can instigate court proceedings.
A complaint should be made to the council if approvals have not been obtained, and can also be added to your complaint to your MP, and of course mentioned in court as it is a further abuse of process.

familyguy321

Thanks for your responses. Is the below email ok to send back?

Dear Sir or Madam,

Thank you for responding to my email. I have some queries with regards to the information you have provided.

Q1. In point 3, you state the outstanding balance of £182.00 includes initial PCN and recovery charges. Could you please provide a cost breakdown of this £182.00?

Q2. In point 8, you state to refer to point 6 with regards to information on adding anything to the original charge, what that represents and how it has been calculated. Point 6 refers to signage at the parking site. I’m not sure how this is relevant as the signage does not give this information. Could you please elaborate?

Regards,
xxxxxxx

familyguy321

Fruitcake said:

If/when the steamroller that is the robo-claim arrives, have you decided which court you would like to attend. Skipton, Warwick, and Soton appear to be some of the best places at the moment.

Have you asked your local council if planning approval for any scameras has been granted, and if advertising consent has been approved for signs? Not having the latter is a criminal offence, but I believe only the council can instigate court proceedings.
A complaint should be made to the council if approvals have not been obtained, and can also be added to your complaint to your MP, and of course mentioned in court as it is a further abuse of process.

Warwick would be the closest from those 3 options, although Leicester would be preferable. 
Have already made a complaint to MP over a month ago and not heard back. Will ask council about planning approval but do they have any control if it is private land?

Redx

They do for cameras and for signage etc

The point is that if you don't ask , you don't get

All data obtained is ammunition , especially if the PPC broke the laws , so you won't know until you find out , plus parking companies don't like being scrutinised so may back out 

My opinion is this

If they cause me grief , I would leave no stone unturned in causing them grief