Drove partner's car to work car park, numberplate didn't update in system, NTKs to wrong address

shgtsk

Dear fine people of this forum,

I have received (correction: my partner received but I was the driver) an NTK from Total Parking Solutions, parking date: 23/03/2020, from my work car park where I have a pay-as-you-go parking permit based on ANPR, I'm charged when I drive into the car-park in my car which is registered on their online system. On that day I was driving my partner's car, which I believe I had entered the numberplate for into their online system. I say "believed", because it was an extremely stressful time and their system doesn't send any confirmation about additional vehicles. I logged onto their system after receiving (via my partner) the NTKs to discover that the numberplate I thought I'd added wasn't listed on my permit. I had to try twice to re-enter it, as it just didn't seem to save the first time and the second time the web page sat loading for thirty seconds and then finally refreshed showing the additional numberplate (still no confirmation of any kind).

This has been complicated by the fact that my partner's car was still registered at their old address, and the initial NTK (dated 27/03/2020, charge £40) reminder (dated 14/04/2020, charge £70) and final demand (dated 13/05/2020, charge £90) all went to their old address and I've just received them. Total Parking Solutions state in their final demand that the debt will be referred to their legal department after 14 days which would be the 27/05/2020 three days from now.

I contacted the parking department at my place of work, explaining how I believed this was the result of a technical error and that obviously I have a parking permit so the actual purpose of having a private parking company run the car park, to prevent unauthorised parking, seems to be moot. I expected them to help, but they've told me they can't and won't in no uncertain terms - it's good to feel valued! /s.

The Final Demand states that the I can no-longer appeal, so I'm not really sure what to do. The newbies thread says not to inform the parking company who was driving, but as the letters and threats are going to my partner, I need to sort that out as a matter of urgency as they have no interest in being involved in this fight or potentially being taken to court! I read in another thread that I could inform the company that that I was the temporary keeper and they should redirect the letters to me. Should that be my first step?

Regarding fighting the charge, my place of work have advised me to contact Total Parking Solutions explaining the situation as I've explained it above, the technical error I believe occurred etc, and ask them to reverse the charge based on their goodwill - somehow I doubt this is likely to happen!

So, I've got three days supposedly until this goes to their legal department (sure, this might be a bogus threat but I'm still very worried) and apparently I can't appeal at this point. I need to redirect their threats away from my partner and I don't know whether to do as advised by my place of work and try and explain the situation, or to follow the advice from the newbies thread with the addendum of informing them that I was the vehicle's keeper on that date - though I don't know if that will do any good at this point as apparently I can't appeal any more.

This all seems mad, as I have a parking permit for the car park in question and this seems to have been caused by a dodgy online system, but as my place of work refuses to help I doubt that that explanation is going to get me far with Total Parking Solutions.

Your advice is very much appreciated, thank you in advance for your assistance.

 

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

Umkomaas

Much will depend on whether TPS's Notice to Keeper is compliant with the Protection of Freedoms Act 2012 (Schedule 4)  as to whether this is best dealt with by the registered keeper. 

Can you scan and upload a redacted copy of the NtK (both sides), but leave any dates showing so we can start off with one technical/legal bit first. 

shgtsk

Thank you both for your comments. I will consider complaining to my MP.

NTKs uploaded (now removed). I've only uploaded one back as they seem to be the same. Your advice is really appreciated!

First NTK:

Reminder NTK:

Final Demand NTK Front:

Back of NTK:

Johnersh

Make sure that TPS have the correct address.

Probably worth pointing out that last time I visited UniS the signs from the uni referred to Horizon parking. In theory if the signage still says as much then its not clear that you agreed anything with TPS... 

BrownTrout

TPS dont have a legal department ,it will just go to bw legal 

shgtsk

Johnersh said:

Make sure that TPS have the correct address.

Probably worth pointing out that last time I visited UniS the signs from the uni referred to Horizon parking. In theory if the signage still says as much then its not clear that you agreed anything with TPS... 

Thanks. Make sure that TPS have the correct address. Do you think I should contact them telling them I was the keeper on that date and give them my address?

I'm pretty sure they've updated all the signage now but I'll check!

Le_Kirk

You contact the DPO @ TPS and give them the address for service (one assumes you do this as keeper and the PCNs were addressed to you) and require them to ERASE your old data. You can usually find the DPO on the parking company's web site privacy page.

ETA it's here: -
dpo@totalparking.co.uk

Ralph-y

the OP was not the keeper. ....

OP please wait for further comment as to POFA compliance.

Before even considering re setting the clock by naming the driver.

Ralph

Fruitcake

The VRM is showing in the first paragraph of the NTK and subsequent reminders.

Umkomaas

Thanks for uploading the NtK - it is within date and contains the PoFA warning, so keeper liability can be established. There is no purpose at this stage in having any of the uploaded letters remain on view on the forum (there's identifying references showing on each of them), so please remove them. 

The keeper can transfer liability to the driver, which then opens up the possibility of a POPLA appeal. This will delay progress for the PPC and gives you some breathing space to do the research to understand the basics before knee jerking into any precipitate action.