FAAC Mobility Services NtK

RereyMuetre

Hello all, new member here. I was an active user of the PePiPoo forum a number of years ago and was well up to speed with private parking companies, but have been out of the loop for several years now (PoFA / POPLA was a new thing then).

Received a NtK from FAAC Mobility Services for a 10 minute overstay in a LNER railway station car park. According to the driver, the time, date, location are correct. However, a few things jump out at me (I'm the registered keeper).

1. It states "The driver of vehicle XXX is liable for a parking charge in the amount of £60 which, at the date of this notice, remains unpaid in full and for which the Balance Due remains outstanding". Nowhere, anywhere on the NtK does it state the registered keeper is liable for this should the driver not pay. 

2. Further down, having stated the parking charge is £60, it then states "Payment is now required in the sum of £100. However, if payment is received within 14 days of this notice then a reduced amount of £60 will be accepted in full and final settlement". This contradicts the claimed parking charge of £60, which is it?

3. The land is British Rail / LNER land which I'm sure is governed by local bylaws, but am unsure how to check this, or if it's even relevant.

4. It states 'You are now invited to.......' again nowhere does it state there is a requirement for the RK to do anything, nor explain any repercussions should the RK decline their kind invitation.

5. There is a Data Protection statement on the back which states "FAAC Mobility Services and its agents will process your information for the operation of their parking enforcement scheme"......"data may be shared with third parties in relation to the issue of a PCN in order to assist with appeals", and "FAAC Mobility Services may also disclose data to a third party on the institution of legal proceedings".  It does not state who those agents / third parties are and in what capacity they are operating. For more information visit their website, all of the data protection policy I can find on their website relates to the website itself, cookie tracking etc etc. 

6. Unlike PCNs of old, other than the statement above in the data protection piece, there are no mentions of any legal proceedings, debt collection, any reference to case law / PoFA or suchlike.

7. FAAC Mobility Services are an IPC member, I know nothing of this outfit, are they legit?

8. When I try to access the FAAC Mobility Services website on my company laptop, it gets blocked due to security concerns. I can access it on my mobile.

Any advice greatly appreciated :-)

Fruitcake

I've never heard of this company.

I suggest you appeal as keeper using the template in blue text. Add a one liner stating that since the site is not-relevant land and the NTK is non-PoFA compliant, the keeper cannot be held liable so they should cancel now to save themselves money.

Normally we don't advise people to appeal to the IPC, but in this situation, I think it's worth a try if the keeper was not the driver using all the points you mentioned above.

If the site is a railway asset then railway bylaws apply.

RereyMuetre

Thanks Fruitcake, do I appeal to the parking company, or direct to IPC? 

fisherjim

You cannot appeal to the IPC unless the PPC has rejected your appeal to them first.

RereyMuetre

Gotcha, cheers :-)

RereyMuetre

Is it worth complaining to LNER first? There were extenuating circumstances, of which LNER are aware. 

Coupon-mad

RereyMuetre said:

Is it worth complaining to LNER first? There were extenuating circumstances, of which LNER are aware. 

Yep.       

Le_Kirk

Fruitcake said:

I've never heard of this company.

They seem to have another name, FMS and there is a post on FTLA: -
https://www.ftla.uk/private-parking-tickets/fmsfaac-mobility-services-parking-ticket/

Fruitcake

RereyMuetre said:

Is it worth complaining to LNER first? There were extenuating circumstances, of which LNER are aware. 

Yes, but only as keeper. Do not identify the driver.