Secure Parking Solutions NTK

IhateFines

So I received a reply from the operator and to say the least I can't stop shaking my head, clearly another plonker who can't count to 14:

Good Evening xxx,

Your enquiry related with the PCN xxx has been referred to me and I have carefully considered your comments as well as the POPLA comments made in relation with the interpretation of POFA 2012 and the pertaining keeper liability.

As the contravention date of your PCN was 30-01-2022 and as the parking charge was posted on 10-02-2022, it was within the timeframe as prescribed by the POFA 2012 as such the keeper remains liable. 

Timeframe

"The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended."

As such the Pofa timeframe of 14 days starts from 31 January 2022 and expires on the end of the day of 14th February 2022.

Postage

(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working days” means any day other than a Saturday, Sunday or a public holiday in England and Wales”.

As the parking charge was posted on 10-02-2022, which was a Thursday, the first eligible of postage was 11-02-2022, which was a friday. As per POFA 2012 saturday(12-02-2022) and Sunday(13-02-2022) are not considered, the second eligible date of delivery as per the presumption is 14-02-2022, which also proves the postage was completed within the POFA timeframe.

Due to this the keeper remains liable as the parking operator does not know who the driver was and at all opportunities the keeper has failed to provide driver details as such the keeper remains liable for the outstanding parking charge.

As the cae has already been referred to debt recovery services the keeper must now make the payment for the outstanding amount to the debt recovery services.

This concludes our investigation of your enquiry. 

Kind Regards

Chandan Aggarwal

Operations Manager

Secure Parking Solutions Ltd.  

Suite 2A, Blackthorn House, St Pauls Square, Birmingham B3 1RL. 

(T) 0330 333 8176

www.secureparkingsolutions.co.uk

I have also received response back from the BPA

Dear xxx

Thank you for your enquiry. 

I have opened an investigation in relation to your complaint and have approached Secure Parking Solutions Ltd for their comments – the reference is as above.

Once I hear back from Secure Parking Solutions Ltd, I will update you accordingly.

Kind regards

Anne Bevis

British Parking Association

Coupon-mad

Whaaaat?  Axx Bxx working at the BPA? Oh no... She's ex One Parking Solution.

@ParkingMad what say you?!!

IhateFines

Coupon-mad said:

Whaaaat?  Anne Bevis working at the BPA?

Oh no...NO!  She's ex One Parking Solution.

@ParkingMad what say you?!!

Can she count to 14 at least? 

Coupon-mad

Time will tell, won't it?  Up to the BPA to get this farce of a case right, or we'll use it.

Coupon-mad

Sorted by the BPA.

I emailed Steve Clark raising a few concerns.  PCN cancelled.

IhateFines

Coupon-mad said:

Sorted by the BPA.

I emailed Steve Clark raising a few concerns.  PCN cancelled.

Thanks so much Coupon! 

Received this from BPA

Dear xxx

Thank you for your patience while I contacted Secure Parking Solutions Ltd for further information. 

It might be helpful if I begin by explaining that our role as an Accredited Trade Association is to investigate alleged breaches of the Code of Practice by members of our Approved Operator Scheme. Please appreciate that our remit does not extend to compelling operators to cancel charges or becoming involved in the appeals process.

Secure Parking Solutions Ltd have responded to advise that the charge has been cancelled and no further action is required. 

As the charge has been cancelled, I have now closed this investigation. 

Kind regards

Anne Bevis

British Parking Association

Umkomaas

IhateFines said:

Coupon-mad said:

Whaaaat?  Anne Bevis working at the BPA?

Oh no...NO!  She's ex One Parking Solution.

@ParkingMad what say you?!!

Can she count to 14 at least? 

Unfortunately, not tested .....

IhateFines said:

Coupon-mad said:

Sorted by the BPA.

I emailed Steve Clark raising a few concerns.  PCN cancelled.

Thanks so much Coupon! 

Received this from BPA

Dear xxx

Thank you for your patience while I contacted Secure Parking Solutions Ltd for further information. 

It might be helpful if I begin by explaining that our role as an Accredited Trade Association is to investigate alleged breaches of the Code of Practice by members of our Approved Operator Scheme. Please appreciate that our remit does not extend to compelling operators to cancel charges or becoming involved in the appeals process.

Secure Parking Solutions Ltd have responded to advise that the charge has been cancelled and no further action is required. 

As the charge has been cancelled, I have now closed this investigation. 

Kind regards

Anne Bevis

British Parking Association

..... but she does have the ability to copy and paste a template!

Coupon-mad said:

Sorted by the BPA.

I emailed Steve Clark raising a few concerns.  PCN cancelled.

Well done @Coupon-mad. 👏

Coupon-mad

We will of course give her a fair chance but being ex-OPS she has a mountain to climb to be respected by consumers like us.  She will know full well that we will be scrutinising all her decisions and investigations that we hear about.

No idea if Steve had to actually step in (or whether she'd have got it right anyway) as he didn't say, but he did oversee/check and reported back to me that it was cancelled - case closed.

I guess it was important they didn't muck around with this one, at this crucial time for the industry. I decided to raise it with him because this sort of stuff is just a farce and (rightly or wrongly) I suspected - indeed due to the history, I had reason to worry - that AB might (maybe, just maybe) go wrong and support the AOS member by talking rubbish about the '14 day period' just like they did.

Remember that I've been up against AB in court in the past (I've never lost) and have heard all sorts of crap spouted by OPS over the years. For that reason, I wanted it nipped in the bud and was happy for her to know that some of us are watching.

Benefit of the doubt - maybe AB has grown new spots and had this covered anyway - hope so.

Umkomaas

Her surname is just so very close to Barry's. Spooky, or what? 😳

Coupon-mad

Yeah, I thought that when locking horns with her before!