Parking charge notice after 14 days of parking session

Infiniti37

Hi, 
My car was parked in PPS (Premier Parking Solutions Ltd). The trouble is that they main car park and overflow car park with different Ringo number. By mistake, driver paid for the main car park (which was few pennies more) than the overflow car park. The car was parked only for few hours the payment was made for whole day. I received a Parking Charge Notice from PPS. The date of sending on their letter was after the 20 days after the parking session. I appealed to them on 2 points 1) That driver had paid incorrectly as I happen to have ringo reciept in the car. 2) The have breached 14 days notice line to the registered keeper (me) on POFA 9 (4) so they cant transfer liability from driver to keeper and not to contact me. PPS have rejected by saying

"Firstly, the Notice to Keeper (PCN) adhered to the requirements of Schedule 4, POFA correctly.

Secondly, you should be aware that if the driver fails to acknowledge their liability in relation to this

matter, the registered keeper of the vehicle may become liable to pay any unpaid charges in accordance

with the Protection of Freedom Act 2012.

If the driver wishes to appeal the parking charge they must do so directly to us within 21 days (beginning

with the day after that on which the "Notice To Keeper" was issued). When appealing, the driver must

supply a serviceable UK address."

There is no POPLA code on there response but suggestion to appeal to IAS which I have heard is useless. 

Any suggestions/Ideas will highly appreciated. Happy to provide full details of notice etc. 

Umkomaas

You don't have the option to appeal to POPLA as this is an IPC operator. 

Let us see the Notice to Keeper (the first letter received, not any subsequent Reminder). Please redact personal and VRM details, but leave all dates showing. Let us see front and back of it please. 

Infiniti37

Umkomaas said:

You don't have the option to appeal to POPLA as this is an IPC operator. 

Let us see the Notice to Keeper (the first letter received, not any subsequent Reminder). Please redact personal and VRM details, but leave all dates showing. Let us see front and back of it please. 

Many thanks for your response. I have redacted and attached the pics of the original notice to keeper. I can share my appeal and their response to my appeal too?

Fruitcake

The NTK is definitely non-PoFA compliant because it was issued on day 19, and deemed to have arrived two working days later, which would have been the 27th, so far too late to hold the keeper liable. There is no legal requirement to name the driver, and there can be no assumption by the PPC as to the identity of the driver.

There is no point in appealing to the IAS, so apart from complaints to the landowner and your MP, you are now in ignore mode unless you get a real Letter of/before Claim or a court claim.

Umkomaas

Thank you for supplying a copy of your NtK. I agree with @Fruitcake above, but it will take a judge to confirm that, as a result of a failure to meet the requirements of PoFA, the registered keeper cannot be held liable. 

The PPC doesn't know who the driver was, unless you tell them. Work that through! 🤓

Infiniti37

@Umkomaas @Fruitcake Thanks both. Much appreciated. The only thing that worries me that when I pointed out that PPS have not adhered to POFA 9 (4) 14 days rule. They simply replied that they have. I dont know why they think that way. My appeal and there response below:

My appeal:

"You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so.I do not expect to hear from Premier Park again other than to receive confirmation that this parking charge notice has been cancelled"

Their response:

"Firstly, the Notice to Keeper (PCN) adhered to the requirements of Schedule 4, POFA correctly.

Secondly, you should be aware that if the driver fails to acknowledge their liability in relation to this

matter, the registered keeper of the vehicle may become liable to pay any unpaid charges in accordance

with the Protection of Freedom Act 2012." 

Dont know why they think sending letter after 22 days isnt a non-compliance. 

I am tempted to sit tight and as you said they dont know the driver and I wont tell them. Lets see. 

Thanks, Both. 

Umkomaas

Dont know why they think sending letter after 22 days isnt a non-compliance. 

Because they're hoping you don't really understand and they have 'superior knowledge', resulting in you capitulating and ultimately paying them their £100. As I said, tell it to a Judge (you might need to lead them through the nuances of PoFA, don't assume they'll have the understanding at their fingertips).  

You have sussed them out, and they might realise they will have little chance at a court hearing, but as it costs them little to nothing to keep pushing you to the wire, it might take some more time for them to eventually walk away.

UncleThomasCobley

Whilst they respond to your appeal mentioning that they are PoFA compliant (they aren't). In fact there is not even a single mention of any reliance on PoFA in their NtK, proving my point that you are dealing with intellectually malnourished individuals.

Just weather the inevitable storm of useless debt collector letters. If/when you receive an LoC/LBC go and re-read the second post of the Newbies/FAQ thread to remind you what needs to be done and by when.

Infiniti37

@UncleThomasCobley @Umkomaas, Thanks Both. I am planning to see what may come and not pay up to their debt collector if they come through and come back here if I have LBC/LoC. I am come back to this forum and update when I hear back from them. Much appreciated. 

UncleThomasCobley

A "debt collector" cannot "come" to you and demand money. You may have been watching too much "reality TV" to think that. In this instance, the debt collectors are just providing a no-win, no-fee service to the parking company to try and scare the more gullible victims into paying up.

Have a read of this:

Infiniti37

Thanks, @UncleThomasCobley. that's really helpful. I will be wait and watch territory now.