Debt collection letter ZZPS re PCN (Company car) No NTK ever received.

Coupon-mad

Then all talk of proving the (non-POFA) NTK was delivered is unnecessary!

Company keeper is not liable anyway unless (as per CPS v AJH Films) the driver was acting on behalf of the company and not as a consumer.

lola1411

So simply is it the case that the company cannot be taken to court (ie station car park) and the added penalty costs  (now called a debt) cannot be pursued through the court because they are added charges relating to a parking ticket that was never received The SAR produced only a pdf file of documents which was created on the same day as the request.

and no one has information about who was driving given that there was no awareness of any ticket until several months later when the letters from ZZPS started to arrive. And that QDR are refusing to pass this back to NCP so from their pov they are not acting for the parking provider any more. 

Sorry to ask more questions but it's about managing the possibilities from here - and regardless of the complaint to the CSA where the company now stands. 

Coupon-mad

Company can't be held liable for any sum at all, unless the circumstances are like CPS v AJH Films (Google it).

Company should respond robustly and state that this is trite law and warn QDR that any more letters from any party about this farce will not be responded to, but will from now in, incur accumulated costs of £25 per letter for handling each one.  If a court claim arises then the company will counterclaim accordingly and you expect QDR to inform the parking firm of this position forthwith and to cease and desist.

KeithP

Please re-read my post on 20 April at 11:20AM which explains that no driver liability can be transferred to the keeper at this site.

lola1411

Thanks all for more great advice (bit of a learning curve) and I shall enjoy sending them invoices for a greater amount which if they don't pay I will find a great DRA to hound them with letters and threaten to have them struck off as solicitors for non payment of debt which in their own industry will not look good.  

 for added ammunition it appears that the original NTK should have also done the following. 
Identified the 'creditor' who is legally entitled to recover the charge (NCP  ONLY no mention of ZZPiss) 

and 
Specify  ... the maximum additional costs they make seek to recover and of the dispute resolution arrangements.

NTK just says  'additional charges may be recovered'  No amount detailed.

Pretty surprised though on the law (flaw) on post and 'deemed' not evidenced. 

I will have a letter in the wings plus my invoice. 

Have a great weekend and I will revert back with the CSA reply. 

Coupon-mad

The NTK did identify NCP as the creditor.

ZZPS haven't bought the debt and are not claiming to be the creditor.

They/QDR are just debt crawlers in your case.

patient_dream

Pretty surprised though on the law (flaw) on post and 'deemed' not evidenced.

I think the law was introduced to stop thousands of people suing the Post Office.
Just another Big Brother thing

hound them with letters and threaten to have them struck off as solicitors for non payment of debt ?

Stick to all the legitimate letters otherwise a court may class your action as unreasonable and that could be costly to you

Whilst all these dodgy legals should be sruck off for their rubbish, there is "The self preservation society" known as the SRA, just another members club and unless government decides to overhaul the SRA, you won't get much change from them.

Although recently, the SRA BANGED Gladstones Solicitors for £30k
You know of Gladstones, the inventors of the great British parking scam called the IPC/IAS

I know you want some action but gently gently catch a monkey is the best way and to understand the sheer ignorance of the parking industry

lola1411

Thanks PD yes good advice and certainly I wouldn't risk anything libelous or stoop to their level of behaviour. Any letter if we send will be strictly to the legal facts.

Generally from experience (other legal situations) best to let the other side do the talking because the more they do, the more they give away in useful material. The response from QDR to the CSA complaint has given us some valuable content which we can quote if required. We'll just wait now for the CSA response and then wait a bit to see if they send a letter before action. What we don't want is to leave it open as they'd probably come back in 5 years and say the file is open and debt unpaid (and knowing them add interest). We need it closed.  

We may have to raise this as well if SRA do not even respond. 

https://www.sra.org.uk/sra/complaints-service/

lola1411

What a complete waste of time 

Umkomaas

The ultimate party trick - washing your hands, while sweeping things under the carpet, with hands over eyes, ears and mouth, like three wise monkeys 🙈 🙉 🙊!