Help needed - Private parking ticket.

DrBkr

Hello,

Long time lurker of this amazing forum. In a bit of a dilemma and would appreciate your help.
Tried to search the forums before posting but couldn't find something similar.

Driver was going to a local shop and parked in car park next to said shop. There were no signs or very vague signs (can't remember exactly) to indicate it was not allowed to park there. Car was parked for 10 mins or so in total.

No PCN yellow ticket on windscreen at time of incident, but lo and behold about 2 months later I (the registered keeper) get a PCN via post (see photo below)
Tried to appeal using the template in noobie's thread on the site. They reply back saying that as its after 28 days I have lost right to appeal and that I need to pay up. Informed them that I as the registered keeper did not receive any correspondence within the time frame to allow me to appeal - their response was basically tough luck, pay up. 
I then filled in transfer of liability and sent to them in hope to reset the 28 days. They then send me a letter dated 12/12/23 and asked me to respond within 7 days. I just received the letter yesterday. 
Please note there was no admission of who was driving at any point.

How do I get out of this? This is the first time I see a parking company want ID photos and personal photos of registered keeper and driver. 

I really do not want to pay these scammers as I think they are taking trying it on and they are intentionally delaying sending correspondence after the deadline dates on purpose. Not to mention their general rudeness in their replies via email.

Many thanks. 

troublemaker22

Sorry but I don’t understand. If you didn’t name the driver, to whom did you transfer liability? 

Coupon-mad

What did you put in the transfer of liability then? Did the keeper provide a different name for the driver?  Looks like they sent a PCN say 'you have been named as the driver'.

You need to make a complaint about this disproportionate demand for photo ID (which is NOT MANDATED by the POFA 2012 Schedule 4)

...and then definitely report this to the ICO because this is not an offence and they have no right to interrogate a keeper like that.

DrBkr

troublemaker22 said:

Sorry but I don’t understand. If you didn’t name the driver, to whom did you transfer liability? 

You are correct, transferring liability does name the driver. However, it seems they have not accepted this liability transfer until I provide ID's/photos and they have kept sending reminders and correspondence to my address and in my name (registered keeper) 

Is there a way out of this?

DrBkr

Coupon-mad said:

What did you put in the transfer of liability then? Did the keeper provide a different name for the driver?  Looks like they sent a PCN say 'you have been named as the driver'.

You need to make a complaint about this disproportionate demand for photo ID (which is NOT MANDATED by the POFA 2012 Schedule 4)

...and then definitely report this to the ICO because this is not an offence and they have no right to interrogate a keeper like that.

Thanks for your reply.

I will complain to the ICO about disproportionate demand for Photo ID.

The date of the offence is on 18th September, whilst the PCN letter only came through more than 2 months later (it is dated 17th November but I only received it towards the end of the month)

At the time I thought I could just win it by sending in the appeal template without the need to name the driver, but they rejected outright my appeal saying that 28 days had passed (how could I appeal if the PCN arrived >2 months later?). Hence I thought I could reset the 28 days limit if I named the real driver and we would re-appeal it.

Coupon-mad

You can't complain to the ICO yet, before complaining to the company (as I already said).

Obviously you won't be paying this PCN.

Castle

DrBkr said:

Coupon-mad said:

What did you put in the transfer of liability then? Did the keeper provide a different name for the driver?  Looks like they sent a PCN say 'you have been named as the driver'.

You need to make a complaint about this disproportionate demand for photo ID (which is NOT MANDATED by the POFA 2012 Schedule 4)

...and then definitely report this to the ICO because this is not an offence and they have no right to interrogate a keeper like that.

Thanks for your reply.

I will complain to the ICO about disproportionate demand for Photo ID.

The date of the offence is on 18th September, whilst the PCN letter only came through more than 2 months later (it is dated 17th November but I only received it towards the end of the month)

At the time I thought I could just win it by sending in the appeal template without the need to name the driver, but they rejected outright my appeal saying that 28 days had passed (how could I appeal if the PCN arrived >2 months later?). Hence I thought I could reset the 28 days limit if I named the real driver and we would re-appeal it.

1) The NTK was sent too late for POFA-(18th September parking event-56 days later is 13th November)
2) Mr Wilkins can't spell; "Widley available", clearly not a copy and paste job!

DrBkr

Castle said:

DrBkr said:

Coupon-mad said:

What did you put in the transfer of liability then? Did the keeper provide a different name for the driver?  Looks like they sent a PCN say 'you have been named as the driver'.

You need to make a complaint about this disproportionate demand for photo ID (which is NOT MANDATED by the POFA 2012 Schedule 4)

...and then definitely report this to the ICO because this is not an offence and they have no right to interrogate a keeper like that.

Thanks for your reply.

I will complain to the ICO about disproportionate demand for Photo ID.

The date of the offence is on 18th September, whilst the PCN letter only came through more than 2 months later (it is dated 17th November but I only received it towards the end of the month)

At the time I thought I could just win it by sending in the appeal template without the need to name the driver, but they rejected outright my appeal saying that 28 days had passed (how could I appeal if the PCN arrived >2 months later?). Hence I thought I could reset the 28 days limit if I named the real driver and we would re-appeal it.

1) The NTK was sent too late for POFA-(18th September parking event-56 days later is 13th November)
2) Mr Wilkins can't spell; "Widley available", clearly not a copy and paste job!

Haha, noticed that too! 

So I plan on complaining directly to the company and then to IPC and ICO.
In the complaint letter to the company I will mention that the NTK exceeded the 56 day limit for POFA and so there is no liability. 

I will also mention their disproportionate demand for photo ID which is not mandated by POFA  2012 schedule 4 and that they have no right to interrogate the keeper like this.

Is there anything else I need to add? 

I just want this off my back as it has caused me a lot of distress. 

Appreciate everyones response so far. 

Coupon-mad

Oh this won't get it off your back.  There's no appeal or complaint that does that.

It's just a way to disrupt the scam and report them to the ICO for excessive data demands.

Obviously you ignore the eejits otherwise, unless they file a small claim which is when you win.  Get on with your life apart from the ICO complaint.

DO NOT PAY IT TO MAKE THE SCAM GO AWAY.

DrBkr

Coupon-mad said:

Oh this won't get it off your back.  There's no appeal or complaint that does that.

It's just a way to disrupt the scam and report them to the ICO for excessive data demands.

Obviously you ignore the eejits otherwise, unless they file a small claim which is when you win.  Get on with your life apart from the ICO complaint.

DO NOT PAY IT TO MAKE THE SCAM GO AWAY.

I take it if I get debt collection letters down the line I ignore those too? Is the approach not to engage until I get a court summons letter (if it ever comes)? 

Le_Kirk

DrBkr said:

I take it if I get debt collection letters down the line I ignore those too? Is the approach not to engage until I get a court summons letter (if it ever comes)? 

NEWBIE sticky fourth post refers!