Car parking fine letter not received

Bananabeansodi

Hi all,

I’m hoping for some advice on how best to proceed with a private parking charge, as I believe there are both procedural and data issues.

Background

• Parking company: total car parks (BPA member)
• Date of alleged contravention: December
• I paid to park on the day, but later realised I paid for the wrong car park operated by the same company (same tariff, same operator). It was the car park on the other platform of the train station.

Key issue – no Notice to Keeper received

I did not receive any Notice to Keeper, reminder, or any correspondence at all until much later. Had I received a notice, I would have appealed immediately and provided proof of payment. My address is up to date and they sent proof of postage; which has my address on it but not received?

When I eventually became aware and contacted the operator, they stated:

• A letter was sent
• They are not responsible for Royal Mail
• They say I should complain to Royal Mail about non-delivery

However:

• The letter was sent by their business, not me
• Royal Mail does not allow the recipient to claim for loss or non-delivery of a business letter

Appeal rejected

I submitted to request an appeal explaining:

• No Notice to Keeper was received
• I paid to park
• I was denied the chance to appeal at the correct stage due to non-receipt

They rejected this, stating it was a “retrospective appeal” and have so far not issued a POPLA code.

DVLA data concern

I have also raised concerns that:

• If no compliant Notice to Keeper was properly served, I do not believe they had reasonable cause to continue processing my DVLA data
• I have contacted the DVLA regarding potential misuse of keeper data

I haven’t named the driver at any point.

Since this; the company are saying that they can’t give me a POPLA because I haven’t appealed, but they won’t let me appeal?

Any guidance on next steps would be really appreciated. Thanks in advance.

Coupon-mad

Just stop engaging now, and COMPLETELY ignore them and the £170 threatograms that follow.

See pics in post 4 of the NEWBIES thread.

Please show us this ''proof' (minus your address):

My address is up to date and they sent proof of postage; which has my address on it 

Bananabeansodi

Thanks I have an update, since this post I ignored all letters and received a letter of claim.

I used the template to respond and since such I have received this response - see attached

Do I pay £80 or can I fight this further?

Gr1pr

I would fight this further, especially because they received full payment

Jame4ters

Why would you want to pay £80?

Bananabeansodi

Very true. Another scare tactic I suspect ?

What should I do next? Refuse the £80 and take it to court ?

Gr1pr

How about, IGNORE, & wait for the court claim

Bananabeansodi

Claim form received from HM courts, what are next steps please?

Gr1pr

So its TCP via DCB Legal

Post the Issue date from the top right of the claim form below

Post a redacted picture of the POC from the lower left of the claim form below too

Study the 2nd post in the newbies sticky thread in announcements near the top of the forum

Study the first 2 posts in the defence template thread in announcements near the top of the forum too

Coupon-mad

TCP do tend to proceed to hearings but not always. This is the end game, play it out.

Le_Kirk

Post the Issue date from the top right of the claim form below

Post a redacted picture of the POC from the lower left of the claim form below too

If you give us this information, we can let you know your defence dealine and point you towards a defence template.