No windscreen PCN, no, postal PCN, no NtK, no final reminder.

dervill

Hi All,

Apologies in advance if I'm creating this wrongfully, I've spent the last 6 hours reading the newbies thread, researching this forum and although there are similar cases, I couldn't figure out what to do. 

Here is my situation:

I have not received any communications from Private Parking Solutions London Ltd. There was no PCN on the windscreen at the alleged time and I have not received any letters in the post. I wasn't even aware there was an outstanding PCN until the much loved goons from DRP sent me a letter demanding £170, 91 days after the alleged incident. 

Parking Charge Date: 10/12/20
Notice from DRP: 11/03/21

Now, I did reach out to PPS yesterday - who conveniently handed over two pdf letters (Postal PCN and Reminder letter) this morning stating they are not liable if I did not receive them in the post. As far as they're concerned, they have followed their code and have done nothing wrong in this case and can provide proof should this go to court. They also said I should contact DRP as my case is not with them anymore.

This is the first time I'm seeing the contravention (through the two pdfs), which does include photo evidence. I am not disputing the PCN was issued incorrectly, but I haven't had the opportunity to pay the discounted amount or the right to an appeal, since their letters never reached me. I mean, how can I pay for something on time that I wasn't made aware of?

I responded by letting them know that as this is the first communication I have received from them, I am treating it as the first notice to keeper. I requested them to be reasonable and offer me, as keeper of vehicle, the chance to pay a reduced amount or the right to appeal.

Their suggestion was to call their landline and speak with the "Senior Collector Manager". 

What are my options at this point? As mentioned, I am not complaining the PCN was wrongfully issued. I just want to have the option to pay the £60 that I should've been able to in the first place, not £170. 

Thanks in advance. 

Fruitcake

If you are thinking of paying an unregulated scammer, and think a PCN from an unregulated scammer means the driver was at fault, and want to pay, I'm not quite sure what it is you want from a forum dedicated to fighting unregulated parking scammers.

If you are going to complain to anyone, it should be to the landowner and your MP.

KeithP

Check the name and address on your vehicle's Registration Document(V5c).
Are they correct?
Were they correct at the time of the alleged parking incident?

dervill

KeithP said:

Check the name and address on your vehicle's Registration Document(V5c).
Are they correct?
Were they correct at the time of the alleged parking incident?

Yes, all correct at the time of the alleged parking incident.

Fruitcake

Do the scammers have landowner authority to issue parking charges in their own name?
Are the signs capable of forming a contract with the driver?
Is the NTK capable of holding the keeper liable?

If the answer to any of these is no, then why on earth do you think you or the driver are at fault.

Debt collectors are powerless and the only thing they can do is send you poor quality bog-paper.
Calling a parking scammer will do more harm than good, and could throw away the protection a keeper has that a driver does not.

dervill

Fruitcake said:

If you are thinking of paying an unregulated scammer, and think a PCN from an unregulated scammer means the driver was at fault, and want to pay, I'm not quite sure what it is you want from a forum dedicated to fighting unregulated parking scammers.

If you are going to complain to anyonme, it should be to the landowner and your MP.

Thanks, I am preparing to contact the landowner but I find it really strange not to have received ANY communications from PPSL before DRP decided to get involved. The reason I suggested paying for it is due to the evidence provided this morning, to me, that's the first NtK.

Fruitcake

You are dealing with scammers. I wouldn't put it past them to say they sent the NTK but never did.

What if DRP are involved? So what? They can do nothing and can safely be ignored.

The answers to my other questions should tell you if the keeper is banged to rights.

dervill

To anyone interested, I have attached copies of the PCN and NTK conveniently received at 9:30am this morning. All personal info has been removed.

Fruitcake

You mean NTK and reminder. A Parking Charge Notice posted to the keeper is by definition, a NTK.

You have redacted the location so the regulars won't be able to tell if this place has come up before.

The NTK is not PoFA compliant, so the keeper cannot be held liable. I hope that the identity of the driver has not been blabbed about in any communication with the scammers, otherwise the protection the keeper has will be lost.

dervill

Fruitcake said:

You mean NTK and reminder. A Parking Charge Notice posted to the keeper is by definition, a NTK.

You have redacted the location so the regulars won't be able to tell if this place has come up before.

The NTK is not PoFA compliant, so the keeper cannot be held liable. I hope that the identity of the driver has not been blabbed about in any communication with the scammers, otherwise the protection the keeper has will be lost.

Thanks for the clarification Fruitcake. The location is Holloway Road, Hounslow. 

That is reassuring to hear. In my query to the company yesterday, I mentioned I am under no legal obligation to name the driver and will not be doing so on this occasion. 

Would it be useful to post the emails that have gone back and forth between the keeper and company thus far?

Coupon-mad

https://goo.gl/maps/z1vv74gdMxabkN3AA

I am not seeing any entrance sign, so this should be winnable at 2nd stage appeal, POPLA, using the usual POPLA stuff about a lack of signage, backed up with photos you need to take (and embed the date into the photos!), proving there is no entrance sign to tell the driver that it was private land, plus the usual templates about no evidence of who was driving, non-POFA, no keeper liability and no landowner authority.

No, we don't need to see emails as long as you assure us you have not blabbed about who was driving. 

Presumably you have a POPLA code, or are they denying you any right to appeal, despite knowing no letters arrived? 

I wonder if this is a pattern with this company - got to be worth reporting this to the BPA and telling them as a matter of fact, that the purported NTK was never actually received and nor was the reminder, and you believe that the 3rd party mailing company this PPC uses has had the same glitch that befell Smart Parking 6 months ago, when no NTKs were actually posted by the mailing company. 

Tell the BPA you know they don't expect their members to prove posting NTKs and as such, by complaining, you are not looking for a template reply telling you 'there has been no Code breach/case closed'.  You are looking to give the BPA a heads up to investigate if this is a pattern reported by other recent victims of this PPC because as a matter of fact, these were suspiciously never received, but the debt collector ludicrous demand, magically was.