Parking Control Solutions Limited - Notice to keeper

LRFrank

Hello,

This morning I received a letter from Parking Control Solutions Ltd.
It is states as a Notice to keeper, (non pofa - mnpr - manual number plate recognition)
The letter says the drive is liable for a parking charge and a payment of £100 is required, with a reduced price of £60 if paid in 14 days.
It then states 'we the above named company, are the creditor. At the time of this notice we do not know both the name of the drive and a current address'
As the registered keeper you are now invited to:
1. pay the unpaid parking charge
2. notify them of the name and address of the driver

The parking charge details are as follows:
Date of notice 28th June 2019
Oustanding balance £60
Parking charge reference: XXX
a photo of the reg plate of the car in question
Date Issued: 7/6/19
Time issued, & vehicle registration
Reason for issue: No stopping



from the above and based on what i have read on this forum I am of the understanding I am not required by law to disclose the identity of the driver
They are operating outside of the POFA regulations so cannot insist that I do
They have no proof of any actual infringement as a photo of my reg shows nothing

What steps should I take next? Should I formally appeal and with what reasons?

Thanks

Quentin

Everyone is asked to read up on this in the newbies FAQ thread near the top of the forum before starting a new thread

Go there now to get an understanding of the game you are now caught up in and how to deal with this

How and when to appeal is all covered there

Le_Kirk

You are correct that you do not need to name the driver; your next steps are to read the NEWBIE sticky and send the appeal written in blue text with no additions, deletions or modifications.

LRFrank

thanks,

I have read that and the three reasons it offers on the letter are:
- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

I didn't feel any of these applied as this is a charge for no stopping

Quentin

Send the appeal as is(see #3 above!)

LRFrank

Quentin wrote: »

Send the appeal as is

Okay thank you for your help

waamo

LRFrank wrote: »

thanks,

I have read that and the three reasons it offers on the letter are:
- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

I didn't feel any of these applied as this is a charge for no stopping

Doesn't matter. The template serves several purposes. It makes them provide a POPLA code without revealing who was driving. It's also recognisable as being from here.

They know they will lose when they see it. Many companies throw in the towel as soon as they see it.

LRFrank

waamo wrote: »

Doesn't matter. The template serves several purposes. It makes them provide a POPLA code without revealing who was driving. It's also recognisable as being from here.

They know they will lose when they see it. Many companies throw in the towel as soon as they see it.

Okay thank you, i have sent the appeal via their online appeals process. Hopefully this gets sorted in a timely manner!

Ralph-y

if you have read the newbies thread then you should already know that the appeal will be refused ...


start reading up on POPLA appeals ...


good luck


Ralph:cool:

Umkomaas

LRFrank wrote: »

Okay thank you, i have sent the appeal via their online appeals process. Hopefully this gets sorted in a timely manner!

Depends how you define 'timely'. Your appeal will almost certainly be rejected, then it will need a further appeal to POPLA.

Provided the driver isn't identified, a non-compliant NtK is a sure fire win at POPLA.

Without seeing the NtK we don't know for sure whether or not it is PoFA compliant. However, you do say in your opening post:

It is states as a Notice to keeper, (non pofa

Can you tell us precisely where the NtK fails, then we can guide you further when the POPLA appeal time comes.

LRFrank

Umkomaas wrote: »

Depends how you define 'timely'. Your appeal will almost certainly be rejected, then it will need a further appeal to POPLA.

Provided the driver isn't identified, a non-compliant NtK is a sure fire win at POPLA.

Without seeing the NtK we don't know for sure whether or not it is PoFA compliant. However, you do say in your opening post:



Can you tell us precisely where the NtK fails, then we can guide you further when the POPLA appeal time comes.

In the 4th paragraph of the letter it states the following:
'We, the above named company, are the creditor. At the time of this notice we do not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle.'

It specifically states on their letter under the heading Notice to Keeper in brackets the following:
(NON POFA - MNPR - Manual Number Plate Regognition)