Apologies But Need Advice RE DRP & Local Parking Security Ltd

BobJohn123

D_P_Dance said:

They state that you have been named as the driver, is that correct?  . If not you should put them right 

No that is incorrect. I have never once provided any information as to who the driver was. I assume it's just a ploy of there's. Should I email asking to see their evidence of who the driver was?

patient_dream

you have been named as the driver

If you did not name the driver, this is just a fabricatiob by LPS.  All they can obtain from the DVLA is the registered keeper info.

Making wild assumptions will not help them.

Then they go on to say ..... "if you were not the driver"    ???   But they said you have been named as the driver ???

Do our schools really teach such rubbish .... maybe it's just play school ?
AND they are a BPA member so intelligence goes out the window.

Never name the driver ..... the fools don't know .... and as far as debt collectors go in the parking industry, they are just circus clowns and powerless.  They will try to increase the charge to £175 and try to scam you .... IGNORE THE FOOLS

   

Coupon-mad

BobJohn123 said:

D_P_Dance said:

They state that you have been named as the driver, is that correct?  . If not you should put them right 

No that is incorrect. I have never once provided any information as to who the driver was. I assume it's just a ploy of there's. Should I email asking to see their evidence of who the driver was?

Yes I'd do that and appeal as keeper.

BobJohn123

Coupon-mad said:

BobJohn123 said:

D_P_Dance said:

They state that you have been named as the driver, is that correct?  . If not you should put them right 

No that is incorrect. I have never once provided any information as to who the driver was. I assume it's just a ploy of there's. Should I email asking to see their evidence of who the driver was?

Yes I'd do that and appeal as keeper.

Thanks Coupon-mad. I've found this appeal in the sticky thread. This the correct one to use? I've also added a bit about evidence of driver. I've also removed some of it that didn't see relevant to my letter or should I leave that in? 

Re PCN number: 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

I ALSO REQUEST TO SEE EVIDENCE OF THE DRIVER OF THE VEHICLE AT THE TIME OF THE ALLEGED 'PARKING CHRAGE' AS YOU HAVE STATED YOU KNOW WHO THE DRIVER OF THE VEHICLE IS. (my added bit in capital)

D_P_Dance

 Should I email asking to see their evidence of who the driver was?

Of course you should, it will be useful to show their reply  to a judge if theytr court. 

BobJohn123

We’ve had a reply! I’ll put the entire reply next, but basically they ignored my request for photos & evidence. They said I was liable as keeper if I did not inform them who was driving. But in there letter they said they knew I was driving? Sidestepped that one. They’ve told me I can appeal to Popla, but I’m correct in saying I should not do that? What next step (if any) should I take?

Full email reply: 

Thank you for your email dated 4th November,

 

We advise that the registered keeper is liable for payment of the unpaid Parking Charge Notice if they are unable to provide us with the driver’s details at the time the Parking Charge Notice was issued. 

Please refer to Protections of Freedoms Act 2012 Schedule four, for further details on this.

If you are able to provide us with the drivers details at the time the Parking Charge Notice was issued we will contact them directly. If you cannot provide us with these details we will have no option but to pursue the claim against you as the registered keeper.

 

We advise that the Newton Beach Car Park operates as a pay and display system for all car park users, including blue badge holders. This is clearly stated on the signs located throughout the car park. 

As no parking ticket was purchased and displayed visibly within the vehicle, the Parking Charge Notice was correctly issued.

 

The legal basis of the Parking Charge Notice is based on the contract entered by drivers who park on private land. The terms and conditions upon which the contract is based is clearly stated on all signage located throughout the car park. When parking on private land the motorist freely enters into an agreement to abide by the conditions for parking in return for permission to park, it is the motorists responsibility to ensure they abide by any clearly displayed conditions for parking.

 

The terms and conditions for parking including the parking charges applicable are clearly stated on the signs located throughout the car park.

 

Thank you for your appeal against the parking charge notice issued by us to you on the 24th June 2021. Having carefully considered the evidence provided by you we regret your appeal has been unsuccessful for the following reasons:

 

•          Parking without displaying a valid ticket

   

You now have a number of options:

 

1.         Pay the Parking Charge Notice at the reduced amount of £60.00 within 14 days from this email, this payment can be made by:

 

I.            Using our online payment system, please use link https://lpspay.iview.co.uk/ and follow the instructions.

II.           Alternately you can make a payment on our automated phone line by calling 0844 474 0904.

 

Please note that after the 14 days the Parking Charge Notice will increase to £100.00.

 

2.         Make an appeal to POPLA – The independent Appeals Service by visiting www.popla.co.uk  and submitting your appeal online.  Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60.00, and should POPLA’s decision not go in your favour you will be required to pay the full amount of £100.00. If you opt to pay the Parking Charge you will be unable to appeal to POPLA.

 

3.            If you choose to do nothing we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

 

You have now reached the end of our internal appeals procedure. 

If you wish to appeal to POPLA, please submit your appeal online by visiting www.popla.co.uk.

 

When submitting your appeal to POPLA, please use verification code ########.

Please note that you have 28 days from the date of this email to submit your appeal to POPLA.

 

By law we are also required to inform you that Ombudsman Services www.ombudsman-services.org/provides an alternative dispute resolution service that would be competent to deal with your appeal.  However, we have not chosen to participate in their alternative dispute resolution service.  As such should you wish to appeal then you must do so to POPLA, as explained above.

 

Yours Sincerely,

Coupon-mad

Is that an up to date POPLA code?

You can check the middle three digits before the '1' (for 2021) against an online epoch day calendar, to see the date the code was generated. Of course you do POPLA (except in Scotland).  Not sure why you think not, when the NEWBIES thread tells you how in post #3.

BobJohn123

Coupon-mad said:

Is that an up to date POPLA code?

You can check the middle three digits before the '1' (for 2021) against an online epoch day calendar, to see the date the code was generated. Of course you do POPLA (except in Scotland).  Not sure why you think not, when the NEWBIES thread tells you how in post #3.

Yeah it’s today’s date if I’m not mistake. 

So, I am in Scotland but the parking charge is for Wales. Where do I stand? Fill it out or not fill it out? I assume going forward I just follow the newbies thread then. Thought maybe it would be slightly different, or have they in effect just set us back to square one, type idea?

Coupon-mad

Do POPLA as per post #3 of the NEWBIES thread and don't mention you stay in Scotland (don't make it obvious, just put your address, town and postcode in when you submit it to POPLA but not the word 'Scotland'). Just makes it easier and less complicated.  Don't admit to who was driving.