Final demand but no NPC

[Deleted User]

Hi all,
Before i get shouted at, I have trawled the Newbies thread and read what I can however I have a question. I received a 'final demand' from One Parking Solutions but had never received the parking charge notice. I wrote to them as such stating this and received a response saying they were still pursuing it as they had 'issued' the PCN by post (prior to xmas). I have just sent another letter and addressed it to the complaints dept citing the Freedom Act quotes as advised however on reading that act it states:
 8 (6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

Therefore is the onus on me to prove i did not receive the PCN or is it on them to prove that i did? Im not sure how that can be done either way and whether this means it will be taken further by them. Anyone know the answer? Really don't want the stress of debt collection letters/court action.
Many thanks 

Umkomaas

Does your vehicle's V5C (logbook) have your current address on it (please check, don't assume)? Have you changed address around the time of the parking event, or since?

The only address the PPC can write to is that supplied to them by the DVLA (accessed from your V5C), they don't use details from the driving licence. Also, for information, updating one, doesn't update the other, it has to be done separately for each. 

Fruitcake

Where did the alleged event occur?

What happened when you complained to the landowner?

I suggest you send an SAR to the scammers which will flush out the original NTK.

D_P_Dance

Therefore is the onus on me to prove i did not receive the PCN or is it on them to prove that i did? 

Surely both are impossible.  The judge will have to choose which OTBOP,  is telling the truth.  Have you complained to your MP?

Redx

You don't have to prove that you did or did not receive it , they don't have to prove they posted it or that you received it , on the balance of probabilities they issued it and so the 2 days later is the rule for receipt as you mentioned

Do the SAR to flush out the NTK PCN , after you have checked your V5C log book for correct details

What you do or don't want is irrelevant , you are now the fish on the hook !!

Coupon-mad

It's One Parking Solution Limited, who we beat in court pretty much all the time, and you don't seem to have realised that nor how to handle it properly.

Which location please, exactly (Stanmer Park Brighton, or where?)

nosferatu1001

Your evidence that you did not receive it is proof. It is up to a court to determine if that proof is sufficient

[Deleted User]

Hi all.
The address is correct as have lived at same address for 14 years. The incident supposedly occurred in Ivybridge in Devon.
@Coupon-mad - i'm not sure why you're accusing me of not handling it properly? I have written to state i have not received the PCN but i'm no expert in parking fines! I would just like some help - not to be attacked for asking a question.
I have no idea who the land owner is (as its part shopping/part housing area) and I don't know how writing to my MP will help the failed NTK issue.
Regarding the 'SAR' - they have photographs of my car but I have since taken photos to show there is insufficient signage to show its an area of restricted parking (residents only) however I have not appealed yet and used that argument as I did not want to detract from the fact that I never received the NTK in the first place.
Id just like to be given some help on the next steps? 

Redx

Your correct step is plan A , as detailed in the newbies FAQ sticky thread , the landowner complaint , it is your job to find out who that is and to do so , ignorance of the details does not change that advice , plan A is ALWAYS best ,even if you have to be a Poirot !!

Coupon mad asked for the location , you didn't tell us , to be brutally honest you have told us very little but you asked questions that were answered , like proof of posting , balance of probabilities etc

I agree with coupon mad that you have not handled it correctly by arguing with OPS when you should have appealed the final demand ASAP , the emailed a SAR for the missing documents

Your thread was about posting and delivery

Yes they may need to prove it was posted

No they do not have to prove delivery !!

Due to the pandemic , there is no proof of delivery any more , nobody signs for anything now !!

Plan B is the appeal to OPS using the blue text template , regardless , stop asking them questions that delay everything and just follow the procedures in that newbies FAQ sticky thread

Plan C is Popla , if you get a Popla code back

Plan D is court , after the debt collector letters

So now I have laid it all out , you are where you are , your wishes are irrelevant , plus we haven't seen any of the following

Location
PCN ntk

Final demand

Landowner authority
Signage

You expect us to work with nothing at all ?? Why ??

Did you actually email a SAR to the DPO at OPS ? Did they reply with copies of all your data ? Including the documents like the missing NTK PCN ? They should have done so under the GDPR law

Fruitcake

clairebarr67 said:

Hi all.
The address is correct as have lived at same address for 14 years. The incident supposedly occurred in Ivybridge in Devon.
@Coupon-mad - i'm not sure why you're accusing me of not handling it properly? I have written to state i have not received the PCN but i'm no expert in parking fines! I would just like some help - not to be attacked for asking a question.
I have no idea who the land owner is (as its part shopping/part housing area) and I don't know how writing to my MP will help the failed NTK issue.
Regarding the 'SAR' - they have photographs of my car but I have since taken photos to show there is insufficient signage to show its an area of restricted parking (residents only) however I have not appealed yet and used that argument as I did not want to detract from the fact that I never received the NTK in the first place.
Id just like to be given some help on the next steps? 

Then answer the questions you have been asked, and send the SAR as already advised. 

Coupon-mad beat this scumpany in court. She acted as a lay rep and beat a barrister. I suggest you pay attention to her if you want help.

If you have not already appealed, then do so, as already advised. Hopefully you didn't reveal the driver's identity in your previous correspondence with the scammers.

[Deleted User]

Why is everybody so horribly confrontational on here? I just came here for some very simple advice. I tried to read as much as possible before asking but do not know the 'lingo' and therefore find the responses quite confusing. 
I thought this forum was for help not to be attacked.