Read advice, still don't know the best course of action

Zzzag

I received two PCN notice from National Parking Enforcement LTD on the 27th of April for stopping less that 2 mins and less than 10 mins on a private hospital road while dropping/picking someone up. 
I read in the Newbies thread to appeal this by sending them the template, my appeal was denied and I received a parking charge final notice on the 14th of June.
I also complained to the NHS trust of the hospital however they didn't not help me or cancel the charge.

This PCN I received attempts to fine the driver however I never said who the driver was, per advice given. 
I was unaware at this point I could appeal through POPLA  so I ignored the letter thinking this was the best course of action for simple PCNs.

Today I received a outstanding PCN from TNC collections claiming I need to pay today and that they are invoking their right to recover payment through Schedule 4 of POFA 2012. They claim failure to pay today will cause them to pass my account to a "Collection Agent".
As it has be more than 28 days since I received the final collection notice after I appealed I don't believe I can apply to POPLA anymore and I have missed that opportunity.
From reading POFA 2012 I can't immediately see any failure on their behalf when It come to dates or what must be supplied to have a valid charge against me.

It seems either I can ignore the notice and hope I don't get a LBC, which seems more risky.

Or I could return to where I parked and collect evidence in the form of photo/video of there not being a clear sign post stating the contracting I was accepting on entering the private road and try to appeal through POPLA.

What should I do?

Any help is greatly appreciated, I have tried my best to read everything before making this post but I still do not feel confident to make a decision.

D_P_Dance

Have they nvoiced you for thr time in between?  If so read some of thes asnd complain to your MP.

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

have you complained to your MP?

Redx

NPE are IPC members , not BPA AOS members , so there was never a chance of a POPLA appeal , none at all

3 ways to resolve this

1) the landowner cancellation , this is ALWAYS the best option

2) pay in full ( not recommended )

3) a judge decides in civil court

Definitely gather all evidence and keep it for 6 years , especially pictures and documents

Zzzag

Thanks for the reply Redx.

The two letters I got from TNC collection today have BPA logos on them, could I appeal in this case?

I will try contacting the NHS trust again however I expect it will take months for them to come to a decision.

If there is in fact clear signage at the location and it goes to court does this mean I won't have a good defence?
I can't help but think if I go to court would not be good for me.

Thanks,
Dominic

Zzzag

D_P_Dance said:

Have they nvoiced you for thr time in between?  If so read some of thes asnd complain to your MP.

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases

have you complained to your MP?

I have seen the photographic evidence they have collected online and it captures arriving, waiting and leaving so I don't think this applies.

Redx

DominiceHarvey said:

Thanks for the reply Redx.

The two letters I got from TNC collection today have BPA logos on them, could I appeal in this case?

I will try contacting the NHS trust again however I expect it will take months for them to come to a decision.

If there is in fact clear signage at the location and it goes to court does this mean I won't have a good defence?
I can't help but think if I go to court would not be good for me.

Thanks,
Dominic

There are 2 logos , 1 for corporate membership which most companies are in , the other is the differently shaped AOS logo

TNC collections is a debt collector , not the claimant

Check the logos on the claimant paperwork and website , these are the relevant ones

When NPE rejected the initial appeal they would have offered the IAS ADR , not POPLA ADR

Everybody has a defence , the difficulty is knowing what it is when they do not have all the facts

Zzzag

Okay thanks for explaining, I see what you mean.

KeithP

OP, have you based your forum username on your real name? If so, you may want to get your forum username changed to something completely anonymous.

To help with that, have a read of this item from the Forum's FAQs:

Can I change my username?

In most circumstances, we don't allow this.

The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.

Coupon-mad

LOL at TNC and their scary letters.  They even have one that has INTENTION TO ISSUE SUMMONS in massive letters, despite the fact that the small claims track doesn’t have summonses.

You are wrong about court not being good for you. It’s the only fair hearing you get from the likes of NPE because there is no independent appeal.  Their Trade body is the IPC who run the ‘IAS’ which shamefully upheld only FOUR PER CENT of consumer appeals this past year (their own report hides it). 

Be confident, relax. 

NPE are not even very litigious so it may never happen. But if it does, we usually win and the re is no risk of a CCJ or high costs.

The really important thing is to tell NPE if you move house and always tell their data protection officer by email to erase your old address.

Zzzag

I reviewed my complaint to the NHS trust and found that the private land is managed by SERCO so there is very little chance that I will get it cancelled.

Give how confident Coupon-mad is I will not pay the fine and instead let NPE know about my address change and wait for more letters to come through.

Thanks to everyone

Coupon-mad

Do read more threads and come back every week in August (please) to take part in the Government Consultation about the level of private parking charges and the proposed Appeals 'Charter' that should result in cancelled PCNs but at the moment, fails to do that and just incentivises PPCs to issue PCNs anyway, briefly offer twenty quid then rack it back up and pile on the pressure. 

The Appeals Charter is absolutely not acceptable in its current format which is effectively:

 'let us have £20 anyway even though the ticket was spurious, and if you don't pay up within xx days then we'll hike it back to full price, and add imaginary 'recovery costs' that we've never actually incurred, let alone paid... then we'll drag you to court months/years later, or get you a CCJ by default for a PCN the Government might think we've kind of cancelled.'

I believe the MHCLG will be asking about that, as well as the level of parking charges.  I read it in an article somewhere over the weekend so I hope the Appeals Charter will be one of the questions for the public.  

Come back and see when we post about the Public Consultation once it opens.  Be all over it!  The MHCLG have listened so far:

https://forums.moneysavingexpert.com/discussion/6252788/victory-for-motorists-mhclg-caps-parking-charges-at-50-80-in-london-with-mandatory-50-discount/p1

Come and join in the final push for fairness and to end the stranglehold that this greedy industry has had over motorists.