Parking Group Notice - Dalby Way/Coulby Newham Middlesbrough *(NEW)*

LonesomeWonderer

Hello, 

I know and have seen that there's been a previous thread on here and this very same place recently, I have scoped pretty much everything else on the private parking issues throughout the site. Without knowing the end result of the last thread about this area, I can only make a new one because I feel like I need additional advice. 

Ntk is attached



I have checked through the FAQ's and I have gathered that these DCBL are just cons. 

However, the main reason for the thread is that from the day I noticed that I had invoice from The parking Group, (Which was very late, I had a family illness that I had to take care of and wasn't at home much to check my mail) I haven't been able to access any of the data/evidence they have collected on this vehicle. The Reference number did not work on their website to even login, I emailed them saying that I cannot access any of the information they have, A reply was then received asking for details to pass their security clearance with questions about the keeper. 

24hrs after I gave them details to pass their security measurers they did not respond. a quick prompt email was sent questioned their actions, meanwhile, a letter from DCBL was received. 

They have responded today, that the information on the Ntk didn't work because there wasn't an appeal in 28 days, the keeper is no longer allowed to appeal, the case has now been handed to DCBL and payment needs to be given to them in 14 days. 

No data about this case has been viewed or given, they have kept it to themselves without access to it. Only a photo on a piece of paper is what is available. They are no longer willing to assist because it isn't their problem anymore (apparently) and because access hasn't been granted, no proper appeal can be launched. I saw via the FAQ's that appeals can still be made even with these DCBL, but without access to the right methods of appealing, how can there be an appeal? Only have commination with them via a support email address. 

I appreciate any information on this.

Fruitcake

The NTK does not appear to be PoFA compliant, as the right to recover monies from the keeper does not include the mandatory PoFA wording, but we would need to see the reverse to confirm this.

Was a NTD left on the vehicle? If not, then the NTK is definitely non-PoFA compliant.

Debt collectors are powerless and can safely be ignored.  

Plan A is always a complaint to the landowner from the keeper, and the keeper's MP.

LonesomeWonderer

Fruitcake said:

The NTK does not appear to be PoFA compliant, as the right to recover monies from the keeper does not include the mandatory PoFA wording, but we would need to see the reverse to confirm this.

Was a NTD left on the vehicle? If not, then the NTK is definitely non-PoFA compliant.

Debt collectors are powerless and can safely be ignored.  

Plan A is always a complaint to the landowner from the keeper, and the keeper's MP.

No, no NTD was not left on the vehicle. It is a NtK was sent via post. 

And yeah, I know. I have pretty much scoured as much information on the non-PoFA within the past few days, I know that the letter is weak, that's why I'm so frustrated that I have not been allowed a voice through an appropriate appeal via their website. I tried several times typing in the details from the NtK in attempts to appeal, and it kept saying 'no information about this ticket is available, please try again'

I shall look into Plan A, although I don't right now know how to approach it but I will do my research and look further into FAQ's. 

Of course I appreciate the reply, but if anyone else can chip in, you would be star. 
many thanks. 

Fruitcake

If you can't appeal, then do Plan A but otherwise ignore unless you get a letter of/before claim or a court claim from the PPC.

Please also sign the petition linked from the post below and get friends and family to do the same. 

Parked in a disabled Bay, no ticket - Page 3 — MoneySavingExpert Forum

The only way to bring the unregulated private parking industry under control is to get MPs involved.

Umkomaas

I shall look into Plan A, although I don't right now know how to approach it but I will do my research and look further into FAQ's. 

I post this advice from time to time. It might help give you some possible avenues to approach. 

SOME IDEAS FOR DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there.

Coupon-mad

Thanks to @Umkomaas for posting this on another thread.

That NTK is saying that "we can pursue you" (the keeper).  No, they can't. They are lying and this is illegal under the CPUTRs and a breach of KADOE rules.

Do a complaint to the DVLA that Parking Group Ltd are stating that the registered keeper "may be pursued for the parking charge", despite the NtK being horrendously outside the statutory Protection of Freedoms Act 2012 dates. Ask the DVLA to undertake an investigation and inform you of the outcome. 

ccrt@dvla.gov.uk (and) KADOEservice.support@dvla.gov.uk - same email to both addresses. 

LonesomeWonderer

Coupon-mad said:

Thanks to @Umkomaas for posting this on another thread.

That NTK is saying that "we can pursue you" (the keeper).  No, they can't. They are lying and this is illegal under the CPUTRs and a breach of KADOE rules.

Do a complaint to the DVLA that Parking Group Ltd are stating that the registered keeper "may be pursued for the parking charge", despite the NtK being horrendously outside the statutory Protection of Freedoms Act 2012 dates. Ask the DVLA to undertake an investigation and inform you of the outcome. 

ccrt@dvla.gov.uk (and) KADOEservice.support@dvla.gov.uk - same email to both addresses. 

Update from DVLA side, not totally sure from the read whether I’ve fully understood it correctly but seems the DVLA the have sided with them. 

Madness to say that there isn’t any proof of driver at the time and they are in breach of PoFA and the rest. I guess I don’t know how to go forward unless I go to step 2.

thank you for all your helps folks. 

Coupon-mad

Dear DVLA,

Kindly try answering my actual complaint, which was that the operator's NTK states that that the registered keeper "may be pursued for the parking charge", despite the NTK being outside the statutory Protection of Freedoms Act 2012 dates.

You haven't even looked at the NTK nor mentioned it in your boilerplate 'yet another consumer fob-off' response.

By the way, I already know that DVLA doesn't consider the POFA to be mandatory (that's not what I'm asking nor suggesting).

What IS mandatory is that operators must not mislead a keeper by suggesting 'keeper liability' / keeper pursuit, in a non-POFA case.

I don't want your tired and overused 'BAU' template reply telling me how much you take protecting my data seriously. There's zero evidence of that but it wasn't what I asked.

I want a considered answer because to state that a keeper can be pursued in a non-POFA case is unlawful.  It's one of the things your GIAA auditors pick up on, after all.

yours

LonesomeWonderer

OK.  So, with a long winded wait for the DVLA. This is stage 2 of complains. Does seem like they are firmly against me the keeper of the vehicle and siding with them regardless. I do feel like most of my attempts against them (private company) are exhausted and don't have much more optimism or hope to fight these (you know whats).
I still stand by the fact that I am in my rights but sometimes life gives you lemons. 

I appreciate every bodies involvement and attempts to help throughout.

moral of the story. DVLA don't care. 

Coupon-mad

Yes, but none of this changes the position: YOU WILL NEVER PAY.

Email this back:



Dear DVLA,

Not good enough. Kindly escalate the complaint, on these two issues:

1. What on earth do you mean by this incoherent mess?



Eh? You are saying that operators 'MUST' lie to keepers about liability?!


2.  You have still missed the point:

Your GIAA auditors check (among a handful of other things in DVLA's woefully inadequate tick boxes) that an operator MUST NOT say that a keeper is liable in non-POFA cases. The word 'pursued' is the same as saying the keeper is liable.  That's banned language.

Why are you not understanding this?

Kindly don't send me a template spiel about how Schedule 4 works this time.  I didn't need that stuff about '14 days' nor the standard excuses regarding why you rush to automatically feed data to the DVLA's aggressive mates with zero checks.

Clearly I understand the POFA better than you but I do note that you have even admitted this one is non-POFA (yes, I told you that).

But still you have turned a blind eye to the sentence in this particular NTK that misleads the recipient that they can be 'pursued' for the extortionate money that your service blindly enables.

The fact is: DVLA doesn't allow an operator (in a non-PoFA case) to tell a keeper that they can be "pursued", only that the DRIVER can be pursued.

Why have you not acted on this KADOE breach?