MISSED PCN APPEAL DEADLINE, HOWEVER JUST RECEIVED FIRST ZZPS LETTER.

jcooperengineer

Evening All,

It's been a while since I've been in here for help and although I have ready the NEWBIES thread and related links in detail, I'm still a bit stuck (apologies if this has been covered elsewhere).

Current situation: the registered keeper received two postal PCN's (on 06/05/22 and 23/05/22 respectively) from UK CPM for the a parking incident on 05/05/22. Both of these letters were received by the keepers parents but unopened due to the keeper being away. The first letter from debt collector (ZZPS) has now arrived on 21/06/22, obviously because an appeal (or payment) was not received within 28 days. I note the following advise from the newbie threads:

If this is the VERY FIRST letter from a debt collector like PCS or ZZPS, appeal that Notice as if it was the 'Notice to Keeper'. IF YOU MISSED APPEAL AND ARE GETTING DEBT LETTERS - DO NOTHING! DO NOT RING THE DEBT COLLECTOR! 

So the first letter from the debt collector has arrived, but the letter does not make any reference to being able to appeal the notice, nor does their website... please could you confirm if this can still be appealed or if the only option is to 'ride it out' and see if they issue a small court claim? It is worth noting that the original PCN did refer to 'keeper liability' under POFA 2012, however the postal PCN arrived after day 14.

Please could you advise the best action/next steps to take? I think you are saying I now have to do nothing and wait, but I'm not entirely convinced.

It is worth noting that the private car park is managed by JustPark, therefore JustPark hold a copy of the account holders details registered to that vehicle (although the account holder and the registered keeper and two different people who happen to live at the same address).

Grateful for any help guys

Fruitcake

Plan A is always landowner complaints.
Where did the alleged events occur? The site may have cropped up here before.

I suggest the keeper sends a postal appeal to both NTKs. using the template in blue text from the NEWBIES. No doubt they will be rejected, but the keeper will later be able to show that they were reasonable and tried to narrow the issues as soon as reasonable possible.
If either NTK was non PoFA complaint, then that should be added as a one liner to the appeals.

The keeper should also complain to their MP, and get photos of the site and signage.

KeithP

This is what you appear to have read in the opening post of the NEWBIES thread...

@Coupon-mad will correct me if I'm wrong, but I think that is saying that if you have received nothing about these parking events before the ZZPS letters, then you should treat them as a Notice to Keeper.

But as you have told us you received the original Notice to Keeper - i.e. they were delivered to you but your arrangements for receiving mail is flawed - then these current debt collectors letters should be ignored.

You really must make more robust arrangements to get your mail in a timely manner. If you don't receive 'real' penalties, e.g. speeding tickets, it is quite possible to get banned from driving without knowing anything about it.

Coupon-mad

Yes, you just need to read post #4 of the NEWBIES thread. Ignore ZZPS and QDR letters.

Complain to the landowner as per PLAN A.

Umkomaas

It's been a while since I've been in here for help

You had lots of help on two other cases you brought here, but you never found time to update those who gave freely of their own time to advise you.  Any chance you could provide the updates now?  Are we likely to be giving further advice on your current case (are you having problems with parking on private land?) with no prospect of knowing if it works or not?

jcooperengineer

Umkomaas said:

It's been a while since I've been in here for help

You had lots of help on two other cases you brought here, but you never found time to update those who gave freely of their own time to advise you.  Any chance you could provide the updates now?  Are we likely to be giving further advice on your current case (are you having problems with parking on private land?) with no prospect of knowing if it works or not?

Umkomaas - apologies, both previous appeals were successful following your advice. Thank you for all the help. 

jcooperengineer

Fruitcake said:

Plan A is always landowner complaints.
Where did the alleged events occur? The site may have cropped up here before.

Hi Fruitcake, the events occurred at the Treetop Car Park on Station Road in Epping. The site is managed by JustPark.

Coupon-mad

JustPark aren't a parking firm. They don't manage locations. Nor do UKCPM for that matter, not in the fair sense of 'parking management' anyway, going by all accounts here.

jcooperengineer

Fruitcake said:

Plan A is always landowner complaints.
Where did the alleged events occur? The site may have cropped up here before.

I suggest the keeper sends a postal appeal to both NTKs. using the template in blue text from the NEWBIES. No doubt they will be rejected, but the keeper will later be able to show that they were reasonable and tried to narrow the issues as soon as reasonable possible.
If either NTK was non PoFA complaint, then that should be added as a one liner to the appeals.

The keeper should also complain to their MP, and get photos of the site and signage.

Hi Fruitcake 

I have drafted the two letters and have added the POFA 2012 wording as well as the notices arrived after Day 14.

Seeing as these letters are being posted via Royal Mail, is it worth me back dating them to within the appeals window?

Coupon-mad

If you like. But the appeal will be rejected regardless. DO NOT try IAS.

jcooperengineer

Thanks guys, will send the appeal letters to UKCPM and ignore ZZPS.

Will get some photos of the site and signage tomorrow and post in here.

From experience what would you say is the probability that this will go to court?