help please NTK

scorpasia

Hello. Probably questions that have been asked before but, rather than trawl through old posts, I thought it might be easier to have a new thread containing messages that I might understand and be guided through any procedures.


My car was being driven by someone else and received a PCN from CPS Midlands Ltd whilst being parked. There was a ticket purchased and was visible on a shelf attached to the centre airvent, I am told. This was a valid ticket and I have duly been given it.



I contacted CPS, not confirming who was driving, just to tell them that the PCN was not issued correctly as a valid ticked was purchased and displayed. This was ignored and nothing was heard from CPS again, for a while.



Eventually I received a notice to keeper from TNC parking Services who have said they have obtained my details from the DVLA. This letter was dated 68 days after the PCN was issued. I did not reply to this.



Are TNC allowed to gain my information as I have not given authority. I understand that as a member of an official body CPS could obtain the keepers details from the DVLA but are TNC allowed?



Where do I stand as Keeper because the NTK was dated 68 days from issue of the PCN and outside the 56 day regulation? I have now received further correspondence from TCN "ACTION REQUIRED TODAY" moving the fine from £100 to £160 with administrative charges. Are these charges legal as they have, as far as I am aware, never been detailed either in CPS's correspondence nor signage? They are still, in the letter, trying to convince me to tell them the name of the driver which, obviously, I am not going to do.


Could someone tell me what I should be doing? Should I communicate with anyone, ignore everything until court papers arrive or, be doing anything else? I am happy to go to court as i have now in my possession the original parking ticket and their out-of-time NTK? Are they in breach of the freedom of information law?


Anyway. I thank you in advance for any help or directions you can give me.

Redx

This has nothing to do with the FOI law

Yes CPS can sub contract to tnc

No it is not a GDPR breach

Yes it seems they failed POFA

Yes, wait for court papers

A judge decides what is legal, not CPS and not tnc either

No, do not reveal who was driving

CPS have 6 years to try a court case

scorpasia

Thank you, I appreciate your reply.



Why, if they know they are out-of-time on the NTK do they send this. Is it another pressure tactic just to see if people break at the thought of court or is it an argueable piece of legislation in court?

Quentin

They are only out of time to comply with pofa

Coupon-mad

The NEWBIES thread 1st post tells everyone that PPCs do not have to comply with the POFA. This is already clearly stated in the sticky. The POFA is not mandatory.

It does not make a PCN 'void', it just means that they can only hold a driver liable.

All they need is a daft or uninformed victim to blab about who the driver was in an appeal or defence, and the POFA doesn't matter. Most victims have no idea and will hand over their name and address as driver on a plate, like lemmings, having done no research.

scorpasia

Thank you.



I am certainly not going to inform anyone who was driving.



Your post said "dont ignore" I have pretty much ignored them. Are you saying I should make contact about me not being the driver or should I just let it take its natural course and defend myself, as keeper, if court papers are issued?

Le_Kirk

You can ignore debt collectors but not letter of claim or formal court papers.

scorpasia

Thank you.


Yes, I would be pro-active if court papers arrive.


I appreciate everyone's help, time and imput.

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.