PPS/IPC Parking Notice... Only recieved a Legal Letter from debt collector

Daveh87

Good Afternoon,  I've got a bit of a muddled situation so I will try and keep it breif anhopefully its not confusing. I have read through some of the forum but could just do with someone going read this section and pointing me to the right place.   I have recieved a legal notice from BW legal chasing a PCN to a property that I own but isnt the RK address.... Please see attached.

The thing is I'd never recieved the PCN,  I also thopught to check with the property owner where I am the RK at (whom I know personally) and they havn't recieved it either.  The muddle bit, The property where the Debt collection letter was recieved  is mine that I have purchased as a renovation in feb.  I had arranged to stay at the RK address whilst I would work on this so I didnt change my details over as it was where the van would be kept and it was where i had been living previously for the past few years.  But due to Covid self isolation and being near healtcare workers I've been at min own property for 8 weeks to be a

So I politely requested to both PPS and BWlegal requesting this as I havn't recieved Please see below.

Dear Sir/Madam,

I'm writing in acknowledgement of a letter I have received from bwlegal in regards to a supposed unpaid parking notice Red:[PCN Deleted] from you regarding the vehicle I’m the Registered Keeper of with the number plate [REG Deleted]  DA65RYB.

I would like to make you aware that this is the first correspondence I have had regarding the said notice so to my knowledge I haven't had anything to review.

As I have been between addresses over the last few months due to Certain Factors including Covid 19 protocols, where to more recently I have been based to date at  the address I have received your letter 4 [Address where I Received Bw Legal Letter not RK address].  I have been in touch with property where my van vehicle is registered to ask if there has been any postal mail for me, to which there wasn't  the wasn’t any with a parking notice .

 

May I request another be sent out to [Address where I Received Bw Legal Letter not RK address] due to what’s been explained above, and I will gladly review it.

 

Please reply via the email given

Kind Regards


and

Dear Sir/Madam,

I'm writing in acknowledgement of a letter I have received from yourselves regarding a supposed unpaid parking notice from you client [PCN Deleted] regarding the vehicle I’m the Registered Keeper of with the number plate [REG Deleted]  .

I would like to make you aware that this the first correspondence I have had regarding the said notice so to my knowledge I haven't had anything to review.

As I have been between addresses over the last few months due to Certain Factors including Covid 19 protocols, where to more recently I have been based to date at  the address I have received your letter [Address where I Received Bw Legal Letter not RK address].  .  I have been in touch with property where my van vehicle is registered to ask if there has been any postal mail for me, to which there wasn't any with a parking notice.  

I shall email your client directly and request another sent out citing my reason explaimed above, perhaps you could do the same and from there I will gladly review it.

 

Please reply via the email given

Kind Regards

David Heath

 

BW Legal Reference:

Full Name: 

First Line of Address: 

Postcode: 

Telephone Contact Number: 

Vehicle Registration: 

Vehicle Make or Model:

Parking Charge Number:

Authorised Email Address:  (YES to replies to be sent to this email)

They have both replied and I have finally recieved the PCN today - Please see Below
 

Good afternoon,

 

This matter is now with Debt Recovery and we are therefore unable to assist you further.

 

You will need to contact  for further guidance.

 

Kind regards,

and

Good Afternoon

 

Thank you for your recent email, the contents of which have been noted on file.

 

Please find attached a copy of correspondence issued by our Client and photographic evidence of the vehicle at the location of contravention. This can be accessed using the vehicle registration, all capitals and no spaces. Should you have any issues opening this folder, please retry opening this document on a computer as other devices may have compatibility issues.

 

Our Client applied to the DVLA to ascertain the details of the registered keeper as at the Contravention Date, which returned your name and an address of [RK Address Removed]. If this address was not correct as at the date of the contravention, this is entirely of your own doing as the onus is upon you to ensure that the DVLA are kept up-to-date with your correspondence details. As our Client issued the Parking Charge Notice to the address provided by the DVLA, and received no returned mail, it is our Client's position that the Parking Charge Notice was issued correctly. The Notice to Keeper can be presumed delivered under Paragraph 9 (6) of the Protections of Freedoms Act 2012, unless evidence to the contrary is provided.

 

In order to use the facility it is your responsibility to abide by the terms and conditions. As the vehicle involved in the contravention failed to make a valid payment these terms and conditions were broken.

 

As a result of the breach, our Client is well within their contractual rights to issue the Parking Charge Notice and take all necessary steps to recover the outstanding charge.

 

The full balance of £160.00 remains due and owing.

 

The pre-approved monthly instalment amount for your account is £15.00 monthly payments.

 

In order to set up your repayment plan please confirm the following:

 

•             Payment Amount;

•             Payment Frequency e.g. Weekly/Fortnightly/4 Weekly/Monthly;

•             Payment Date;

•             Payment Method e.g. Direct Debit/Standing Order.

 

Should you wish to set up a Direct Debit please confirm the following:

 

•             Name of Account Holder(s);

•             Account Number;

•             Sort Code.

 

What to do next

 

Our Client is willing to resolve matters with you pragmatically. This is contingent on you contacting our office to either make payment of the balance in full or to enter an affordable repayment arrangement.

 

If you have not taken any of the action above, we are instructed to continue with the legal recoveries process to recover the outstanding balance. Please note that our Client would rather this case be settled without the need for any further legal action.

 

How to make payment

 

One of the quickest ways you can review your account is to register on our Customer Portal by visiting  - on here, you can make payment or, alternatively, to propose a repayment plan in respect of the outstanding amount.

 

Alternatively, please call us today on  if you would prefer to discuss your account with one of our helpful team.

 

If you are in any doubt about the content of this email and/or require guidance/assistance on clearing the balance due to financial difficulties, we would advise you to seek free advice, alternatively you can obtain legal advice from a Solicitor.

 

Kind Regards,

 

 

So in regards to the PCN - I remember going there but I have no recolection of paying/or not I would have chucked the ticket it away if had but I wouldn't have put it passed me to have forgottoen to get one.

Could someone advise where to read and tell me if I'm in a worse position for responding with my request for the letter.

Also could some one advise me on hoe they obtained my new address as its not from the DVLA




Thanks

Umkomaas

Ignore BWL because they are simply acting as debt collectors. The NEWBIES FAQ Announcement, fourth post, tells you how to deal with them. 

Send an email to PPS's Data Protection Officer with a 'Data Rectification Notice' to inform them that they are required to erase your former address and to replace it with your current address. Tell them to notify this requirement to any and all third party agents with whom they have shared your personal data.  Require them to confirm they have complied with your requirements under the DPA/GDPR regulations.  You can find the DPO's email in PPS's Privacy section of their website. 

If you do change addresses again, in the next 6 years, rinse and repeat. 

This won't necessarily stop the charge progressing (but you're not at that stage right now), but it will ensure everything now goes to the correct address. 

What have you done in terms of contacting the landowner to ask them to intervene to get this cancelled?

Daveh87

Amazing thanks, I have only contacted Umkomaas said:

Ignore BWL because they are simply acting as debt collectors. The NEWBIES FAQ Announcement, fourth post, tells you how to deal with them. 

Send an email to PPS's Data Protection Officer with a 'Data Rectification Notice' to inform them that they are required to erase your former address and to replace it with your current address. Tell them to notify this requirement to any and all third party agents with whom they have shared your personal data.  Require them to confirm they have complied with your requirements under the DPA/GDPR regulations.  You can find the DPO's email in PPS's Privacy section of their website. 

If you do change addresses again, in the next 6 years, rinse and repeat. 

This won't necessarily stop the charge progressing (but you're not at that stage right now), but it will ensure everything now goes to the correct address. 

What have you done in terms of contacting the landowner to ask them to intervene to get this cancelled?

I randomly found post 4  just before rerading this but thank you for suggesting it.  I have only contacted the Parking Company Requesting the actual PCN be forwarded to me.  How would I find out the landowner or are they the same as Parking Company?

Coupon-mad

No the parking firm is not the landowner. Have you read a few threads and done the Government Consultation yet, please?

Daveh87

Coupon-mad said:

No the parking firm is not the landowner. Have you read a few threads and done the Government Consultation yet, please?

ok.  I haven't come across those yet, its such alot to work through but i will search them now.  I havnt done the Government Consultation and don't have a clue what this is

Redx

Daveh87 said:

Coupon-mad said:

No the parking firm is not the landowner. Have you read a few threads and done the Government Consultation yet, please?

ok.  I haven't come across those yet, its such alot to work through but i will search them now.  I havnt done the Government Consultation and don't have a clue what this is

You need to do a lot more research then , here is the government consultation thread

https://forums.moneysavingexpert.com/discussion/6286801/government-consultation-re-private-parking-charge-levels-august-2021-please-bookmark-this-thread/p1

Umkomaas posts his list and advice on here every week about how to find landowner details , check the replies and posts under his profile

Umkomaas

 Umkomaas posts his list and advice on here every week about how to find landowner details , check the replies and posts under his profile

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

©️Umkomaas 02/21 !! 🤓

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park, we may have seen other cases there. 

Daveh87

Ok brilliant I did find my way to the Government consuktationonly to see it was 2015 thread, now back on here have just used the link given and I will go through and fill it out over the weekend.   The car park is Hope Cove, Kingsbridge, South Hams

Daveh87

I've just fund loads of articles relating to car park issues and its PPS who apparently purchased the car park for 1.2m

Coupon-mad

Here are our pointers of things to consider doing, and in an email to your MP, please, if you will.

The Public Consultation is only open for 3 more weeks.  No templates because your own words are needed to the Consultation.

Please comment on the government consultation concerning parking charges and complain to your MP about the proposal to allow fake add on debt recovery costs.

Government Consultation re private parking charge levels, August 2021: PLEASE BOOKMARK THIS THREAD — MoneySavingExpert Forum

We are calling for everyone to do a full and robust response by email to the MHCLG, attaching evidence of what happened to you and what you think is wrong about £100 charges and fake debt recovery ‘fees’ that no PPC actually incurs or pays. 

We also need people to contact their MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a time from victims

https://forums.moneysavingexpert.com/discussion/comment/78517562/#Comment_78517562

To anyone reading this: PLEASE DO THIS IF YOU WANT CONSUMER VOICES TO OUTWEIGH THE PARKING INDUSTRY’S GREED. WHICH SEES THEM TRY TO CLAIM MORE THAN THE LAW ALLOWS, FROM A REGISTERED KEEPER,

I just looked at the POFA Explanatory Notes (part of the legislation):

https://www.legislation.gov.uk/ukpga/2012/9/notes/division/5/1/3/3

221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5, 6, 11 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).

Daveh87

owner is GREEN ALDER LIMITED