Parking Charge Notice Patcham High School, One Parking Solutions

Coupon-mad

forummseuser01 said:

Thank you. I am very confused. I have read the requirements under schedule 8 of the PoFA and I cannot, unfortunately, see how the letter is not PoFA compliant? 

I think the relevant para from PoFA 2012 is this:

"8(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—
(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;"

The letter appears to warn the keeper in the final paragraph as follows: 'Failure to pay the full amount of this notice within 28 days of the date  of sending may result in debt recovery action.......' 

Does this meet the requirement of 8(f) ?

The letter states 'the driver has not paid the PCN...' 

Does this meet schedule 8(f)(i)?

The letter does state 'we do not know the name of the driver and a current address....' 

Thus it appears to meet 8 (f) (ii) 

No. It certainly  doesn't meet 8(2)f !  

Absolutely not! That wording does not 'warn about liability transferring to the keeper'.

Because they can't... game over for them as long as you DON'T tick driver or write your own appeal. This is why we have the Template Appeal.

ParkingMad

Compare the OPS POFA and non-POFA versions in the thread by @Coupon-mad here:

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-2023-parking-firm-ntks/p1

forummseuser01

Thank you very much. That is very reassuring. 

Grizebeck

They are IPC now though. 

Coupon-mad

Good point.

But the NTK offers POPLA (which I know won't be available now) but the parking event was several weeks ago when the BPA CoP presumably applied and the signs would have had the BPA roundel.

forummseuser01
Please show us the picture of the sign that you will find online when you log in as if to appeal. The ticketer goon will have taken a photo of the sign up close that day.

forummseuser01

Coupon-mad said:

Good point.

But the NTK offers POPLA (which I know won't be available now) but the parking event was several weeks ago when the BPA CoP presumably applied and the signs would have had the BPA roundel.

forummseuser01
Please show us the picture of the sign that you will find online when you log in as if to appeal. The ticketer goon will have taken a photo of the sign up close that day.

Hi, will do. Is that via the OPS website appeals process? If so, I have just tried that and that website says it cannot find the ticket. I can't get on the POPLA appeals process as I do not have a verification code for POPLA. It says this would be issued by the parking firm after an unsuccessful appeal. Or I can go back to the parking firm and request a verification code. Happy to do that if it helps?

forummseuser01

Coupon-mad said:

forummseuser01 said:

Thank you. I am very confused. I have read the requirements under schedule 8 of the PoFA and I cannot, unfortunately, see how the letter is not PoFA compliant? 

I think the relevant para from PoFA 2012 is this:

"8(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—
(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;"

The letter appears to warn the keeper in the final paragraph as follows: 'Failure to pay the full amount of this notice within 28 days of the date  of sending may result in debt recovery action.......' 

Does this meet the requirement of 8(f) ?

The letter states 'the driver has not paid the PCN...' 

Does this meet schedule 8(f)(i)?

The letter does state 'we do not know the name of the driver and a current address....' 

Thus it appears to meet 8 (f) (ii) 

No. It certainly  doesn't meet 8(2)f !  

Absolutely not! That wording does not 'warn about liability transferring to the keeper'.

Because they can't... game over for them as long as you DON'T tick driver or write your own appeal. This is why we have the Template Appeal.

Ah ok, I think the penny has dropped with me. The NTK states that the driver is liable for the Parking charge and at no point does it warn the keeper that the liability transfers to the keeper. That is where the letter is non POFA complaint. Is that correct?

LDast

Did you not receive an appeal rejection letter from the operator? Together with that rejection letter would have been the POPLA code that you need in order to make your POPLA appeal. 

Regarding your “penny drop”… not quite. Have a read of the last sentence on the front page of the NtK. That is where they have screwed up their notice, thus rendering it non-compliant with the strict requirements of PoFA. 

forummseuser01

LDast said:

Did you not receive an appeal rejection letter from the operator? Together with that rejection letter would have been the POPLA code that you need in order to make your POPLA appeal. 

Regarding your “penny drop”… not quite. Have a read of the last sentence on the front page of the NtK. That is where they have screwed up their notice, thus rendering it non-compliant with the strict requirements of PoFA. 

No appeal was lodged. 

I have reread that final sentence on the front page. It is not blindingly obvious to me. I could only speculate that it is a timing/date issue or that they have failed to make it clear that they consider the keeper liable. I am sure my limitations in interpreting the schedule are very frustrating for others! I guess forum users do not want to spell it out as they do not want OPS to stop shooting themselves in the foot by amending the wording on their paperwork! 

I will do what I can on my limited understanding. I am very grateful for the help everyone has offered so far.

LDast

If you never appealed the you cannot appeal to POPLA. You now have to wait and see if/when they issue a Letter of Claim. Please don’t bother telling us about any debt collector letters. You can safely ignore those.

Regarding PoFA, the bit that says: “Failure to pay the full amount of this notice within 28 days of the date of sending…” Now go compare the highlighted bit with PoFA 9(2)(f) and spot the difference in the timeline allowed.

There are other PoFA failures such as 9(2)(a) and (b).