APS UK LTD - PCN Help Needed - Company Vehicle

Flamsteed

Hi all,

I was wondering if someone could provide some help/advise on the next steps with a PCN that one of our company vehicles has been issued.

We received a PCN from PCN Admin Centre/Ipaymypcn.net (creditor/client: APS UK limited), contravention: Not displaying a valid permit. Usual cowboy antics - signage is pathetic etc.

Rather than opening a thread at the time, I followed the guide found in the newbies section and used one of the templates in the company vehicle section - getting the registered keeper (for the purposes of the PCN) of the vehicle to write to them directly.

We are not a hiring company, we just have vehicles that subcontractors are able to use on a day to day basis but the vehicles are owned by us.

They then wrote back to the RK(for the purposes of the PCN) saying the following:

Thank you for your email.

Please be advised, we do not have you listed as an authorised party on our system.

Please ask the named party to provide authority for us to be able to discuss this matter with you.

We (the company) then wrote the following within the 28 day period.

We are in receipt of the above detailed Parking Charge Notice (“PCN”) dated XXXXX and issued by All Parking Services UK Ltd to our company XXXXX in respect of an unpaid parking charge allegedly incurred on XXXXX, XXXX on the XXXXX 2019.

We confirm that XXXXXXXXX of XXXXXXX is the vehicle’s hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and we give you authority to discuss this matter with them.

Please find attached a copy of the agreement between XXXXXX and XXXXX

Within 28 days please provide us with written confirmation of All Parking Services UK Ltd’s acceptable that it cannot and does not hold XXXXXXXXXX liable for this parking charge and that this is now purely a matter between All Parking Services UK Ltd and XXXXXXX

Thank you for your cooperation and we look forward to receiving this confirmation.

However here is the problem, we sent the documents to the appeals email address and not the customer services email by mistake.

Subsequently we have now had a letter from ZZPS saying the balance is £170 (originally £100).

I've tried looking elsewhere before registering and posting this but couldn't find anything that resembles the error made in sending the registered keeper details to the wrong email so any advice would be greatly appreciated at this stage.

Flamsteed

Sorry thought I'd add the letter sent by the RK:

I challenge this 'PCN' as lessee of the vehicle and subsequently request all future correspondence be sent directly to myself at the address listed below:

XXXXXXXXX
XXXX XXX

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact XXXXXXXXXX regarding this PCN.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the site and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

Yours faithfully,

XXXXX

Umkomaas

If it’s at debt collector level (ZZPS) you follow the advice in the NEWBIES FAQ sticky, post #4, which basically says ignore debt collectors, they are powerless, but come back to this thread if you receive a formal Letter of Claim (giving you 30 days to respond) or real court papers from the Northampton CCBC.

Flamsteed

Hi Umkomaas and thank you for your reply.

So best advice to do nothing at stated in post #4?

My MD wants to forward the correspondence (RK details) sent to the wrong email address to the correct email address - I take it this is not advisable?

Also, does the PCN being in the companies name make any difference to it being in the name of an individual?

Thanks

twhitehousescat

All Parking Services UK

we have seen this one before , is it "All Parking Services UK " trading as "xxx" , or "xxx" trading as "All Parking Services UK "

company number and full address please , as "All Parking Services UK " are not authorized to get keepers info from the DVLA


I DO know who this will be , but await company number

Flamsteed

Hi twhitehousescat,

Details on the initial PCN (PCN to RK) sent via post is as follows:

Top right of letter:
Bacchus House, 1 Station Road, Addlestone Surrey, KT15 2AG

Footer of letter
PCN Admin Centre is a trading name of ZZPS Limited, registered in England & Wales numbered 07846404, registered office: 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.

Details on the unpaid PCN letter:

Top left of letter:

ZZPS Limited, Bacchus House, 1 Station Road, Addlestone, Surrey, KT15 2AG.

Footer of letter
ZZPS Limited, registered in England & Wales numbered 07846404. VAT No. 133 2637 35. Registered Office: 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.

Thank you for your reply and time.

twhitehousescat

ok , the company number and address of ALL PARKING , not the debt collectors

twhitehousescat

EDIT , they seem to have turned up at BPA ,

twhitehousescat

has a popla code been issued by all parking within the 35 days after appeal

Coupon-mad

However here is the problem, we sent the documents to the appeals email address and not the customer services email by mistake.

Doesn't seem to be a problem but the MD's idea is good too:

My MD wants to forward the correspondence (RK details) sent to the wrong email address to the correct email address

Yes, do that too and repeat that you require confirmation that liability has been transferred under the POFA.

And please answer this (below) albeit has the named company also appealed now? Or are they waiting to receive a PCN in their own name?

twhitehousescat wrote: »

has a popla code been issued by all parking within the 35 days after appeal

If they start mucking you about when you've transferred liability (clearly!) and refuse to stop contacting your company, then complain to Steve Clark at the BPA:

steve.c@britishparking.co.uk

Flamsteed

Hi all, thank you for your contributions twhitehousescat and Coupon-mad - I am sorry I haven't responded sooner, I didn't get a notification for some reason and I am very grateful for the help and advice given so far.

Just to make sure that we are all on the right path, I am acting on behalf of the company that was served the notice. I am also in contact with the RK that we named, providing support and advice as found on here.

@twhitehousescat - The Popla code has not been issued to the person we named as the RK. The 35 day period since the RK sent the email outlined in post #2 has not been surpassed.

We (The company) have not heard anything back from them since sending the email giving details of the RK and we have not "appealed".

@coupon-mad - I shall do as the MD suggested and repeat that we require confirmation regarding transfer of liability under POFA.

The named RK has not received anything further after receiving that email which stated that the company named had to give them permission to discuss the matter with the RK.

My questions if you would happily assist:

1) When we send the email with RK details to the "correct" email address do we need to set a "reply within x days" timescale?

2) Does the named RK need to do anything? Last communication they had was saying that they needed to be authorised.

3) How long should I wait before contacting Steve Clark at the BPA? Is there a timescale that I need to give them after I've sent the RK details to the "correct" email address?

Thank you all very much.