strange quote from private parking company

timaus

Hi All, I'm new on here but I was wondering if anyone could give me some advice, it seems that nobody has a definitive answer in regards to the 14 day rule whereby a private parking company has to send the PCN to you within 14 days otherwise it is null and void. I sent an appeal to a company basically saying because the date on this letter is 5 weeks after the date of contravention I do not have to pay. I obviously made it a bit more formal. I rang Citizens advice and given the information I provided them they said that is all I need to say. I received the following response from them: 
Thank you for your recent communication.

We note the comments made, please be advised we would like to clarify that as per the BPA code of practice January 2018, paragraph 22.7 "To give drivers early notice of your claim, you should apply to the DVLA for the keeper details promptly. Usually this would be applying to the DVLA no more than 28 days after the unauthorised parking event." And 22.9, "you must post the parking charge notice to the keeper as soon as possible. Your target is to send the parking charge notice to the keeper of the vehicle no more than 14 days after receiving the keeper data from the DVLA.". We can confirm that the contravention occurred on 13/06/2020, the registered keepers details were provided to us on 16/07/2020, and the PCN was promptly issued. Therefore, this is within the time frames as stipulated by the BPA.
Furthermore please be advised the PCN remains outstanding at the amount of £60.00 until 18/08/2020.

To my understanding these quotes aren't what it says in the BPA code of practice but I wasn't sure, what I want to know is are these accurate quotes and do I still need to pay the parking fine?

Best regards,
Tim 

Le_Kirk

Ignore the BPA rules, they made them up to suit themselves; you need to look at PoFA 2012, that is the law.  Did you have a windscreen ticket before you received the notice to keeper in the post?

KeithP

timaus said:

...it seems that nobody has a definitive answer in regards to the 14 day rule whereby a private parking company has to send the PCN to you within 14 days otherwise it is null and void. 

That's probably because the answer is... it depends.

It depends on several things.

Firstly, there is nothing anywhere that renders aPCN 'null and void'.

You are dealing with an entirely unregulated industry where they make up the rules as they go along.

Have you read the NEWBIES thread yet?

Ralph-y

who is the PPC and where did the parking take place?

have you read the newbies thread ?

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1
make sure you start at the first page not last

Ralph

Half_way

I've got a feeling that there has ben some shooting of oneself in the foot taking place here.

 As above, he British Parking Association, limited  (BPA) is a private members trade  association , its  primary objective is to look after and represent its members - the BPA also writes the so called code of practice which it changes as it pleases.

 Citizens advice ( in England) takes its advice from the BPA  ( you should be able to see where this is going)

 Under no circumstances shlould you ( for now) attempt to name the driver.

With all that in mind the following will help us to help you:

Why did the vehicle receive a pakring charge notice in the first place?

Whos car park was this / where was this ?

Name of private parking company?

And what exactlky did you say in the so called appeal, plus what have you said in any subsequent communications redact any real names/personal addresses - if this is your own residential address just say my own address/my own space

Redx

name of parking company ?

which location in the UK is it ? England and wales ? or Scotland ?

was a windscreen ticket issued ? YES or NO ?

how many days after the event did the NTK arrive ?

why are they quoting the BPA CoP 2018 when they should be reading the January 2020 CoP ??

did they issue a POPLA code with the rejection ?

read POFA

read the NEWBIES faq sticky thread near the top of this forum

timaus

Le_Kirk said:

Ignore the BPA rules, they made them up to suit themselves; you need to look at PoFA 2012, that is the law.  Did you have a windscreen ticket before you received the notice to keeper in the post?

No I didn'thave a windscreen ticket

Redx

Answer ALL the questions please

KeithP

The parking company has up to six months following a parking event to ask the DVLA for the Registered Keeper's details.

timaus

Half_way said:

I've got a feeling that there has ben some shooting of oneself in the foot taking place here.

 As above, he British Parking Association, limited  (BPA) is a private members trade  association , its  primary objective is to look after and represent its members - the BPA also writes the so called code of practice which it changes as it pleases.

 Citizens advice ( in England) takes its advice from the BPA  ( you should be able to see where this is going)

 Under no circumstances shlould you ( for now) attempt to name the driver.

With all that in mind the following will help us to help you:

Why did the vehicle receive a pakring charge notice in the first place?

Whos car park was this / where was this ?

Name of private parking company?

And what exactlky did you say in the so called appeal, plus what have you said in any subsequent communications redact any real names/personal addresses - if this is your own residential address just say my own address/my own space

Hi, I appreciate the help. the vehicle got a charge because it was parked for 10min and 27 seconds without paying for a parking ticket. It was at the Bell Centre in Melton Mowbray and the company is Smart Parking. I kept the appeal quite short, Idon't have a copy of it but Ijust kept the reference number. no one was named and the driver was not stated. I simply said because the date of contravention was on the 13/06/20 and the letter is dated 17/07/20 I do not have to pay this as it is past the 14 day period.

timaus

Redx said:

name of parking company ?

which location in the UK is it ? England and wales ? or Scotland ?

was a windscreen ticket issued ? YES or NO ?

how many days after the event did the NTK arrive ?

why are they quoting the BPA CoP 2018 when they should be reading the January 2020 CoP ??

did they issue a POPLA code with the rejection ?

read POFA

read the NEWBIES faq sticky thread near the top of this forum

-SmartParking Ltd
-England
- No windscreen ticket was issued
-arrived approximately 36  days after the contravention
-i dont know why they are quoting BPA CoP 2018
-I cant see any mention of POPLA