Complicated, advice please

Craig_Maddocks · 27 March 2017 at 7:58PM

Hi,
I will try and be detailed.

My partner recieved a £120 PCN becuase the permit wasnt on display.
She emailed them right away ( which I wasnt happy about becuase I like to reseach before we go jumping in)
And explained that she has a permit it just had fallen off the window and she is allowed to park there because she works there.

Somone who worked at the School phoned Spring Parking Ltd and on the phone the PCN was cancelled.
We have no proof of this. So it wasnt paid.

146 days later we recieved a Notice to Keeper from PCS
When she phoned up it was a differnet conpany and they said "No the PCN wasnt cancelled and we have taken over the claim so you have to pay or evidence it was cancelled.

Long story short.
We have evidence of us contacting them.
We dont have evidence of it being cancelled or any evidence of them getting back to us at all.

So she is allowed to park where she parked. So no loss to the company/landowner becuase they dont do pay and display. The Notice to Keeper was late by 90ish days.

What is my next step?

Coupon-mad · 27 March 2017 at 8:01PM

The keeper appeals online or by email (NOT BY POST) to PCS, as per that letter. Forget what happened before. Don't talk about the driver, use the forum template in the NEWBIES thread.

And it is only little old (tiny) Spring Parking, who duck out of POPLA as soon as you say 'boo!'

Craig_Maddocks · 27 March 2017 at 8:44PM

We have recieved a NTK though.
Im confused as to what Grounds I am appealing On. The fact the NTK took 146 days?
Which tenplate am I using? Sorry

Coupon-mad · 27 March 2017 at 8:46PM

I know you've received a NTK, that's the chance for the keeper to appeal. Don't talk about the driver, use the forum template in the NEWBIES thread, the top thread you saw when you hit 'new thread'.

yotmon · 28 March 2017 at 12:49PM

Craig_Maddocks wrote: »

Someone who worked at the School phoned Spring Parking Ltd and on the phone the PCN was cancelled.

Does your partner know the person who rang the ppc on her behalf and if so, are they willing to give a witness statement, stating that the ppc cancelled the ticket ? Could prove useful as part of your popla appeal.

Fruitcake · 28 March 2017 at 12:59PM

I hope your username isn't your real name. If so, you should contact one of the board guides and ask them to change it to one that can't identify you.

Parking scammers monitor these fora.

Craig_Maddocks · 28 March 2017 at 1:32PM

It is my name but not my parters. The ticket is in her name.

I will do anyway thanks

Craig_Maddocks · 20 April 2017 at 1:50PM

This is what they finally replied with this.. long story short they haven't given me a POPLA CODE

Thank you for your email regarding the above Parking Charge Notice (PCN).

What you need to do now

So I can contact the driver for payment of the amount due, please let me know their name and address. Please let me have these details by 04/05/2017.

What if you do not know who the driver of the vehicle was

As you are the registered keeper of the vehicle, I am assuming that it was being driven with your consent and that you will therefore know who the driver was.

If you do not provide details of the driver by the date shown above, we will continue to contact you for payment of the parking charge on the assumption that as the registered keeper you were also the driver of the vehicle (as established in Elliott v Loake [1982]).

Alternatively, payment of the £120.00 can be made online or by phone. Go to website phone 0208 528 4122. You can find full details of how to pay on the reverse of the letter(s) sent.

What will happen if you do not name the driver of the vehicle or make payment

If you do not name the driver or the amount outstanding is not paid by the date shown above, it will be recommended to our client that court action be taken by them to recover the amount outstanding.

More information

Under the Pre-Action Protocol of the Civil Procedural Rules, court action must only be viewed as a last resort. By requesting the driver’s details we are attempting to avoid this outcome.
Payment Methods

Kind Regards

paulstevens64 · 20 April 2017 at 3:16PM

Craig,

This is a fishing letter. They are trying to get you to reveal who the driver is, so they can pursue the driver. Ignore this letter, then they will reject your appeal, but will include a POPLA code.

You will then be able to put a winning POPLA appeal together with the help of experts on this forum.

Fruitcake · 20 April 2017 at 3:49PM

Not only is it a phishing scam, the charge exceeds the maximum £100 allowed by the BPA, the company that issued the PCN is not the same as the one that sent the NTK, they are threatening court action without providing a PoPLA code, and they have quoted E vs L knowing that it does not apply to a private parking case and also breaches the BPA CoP by suggesting that it can be assumed that the keeper was the driver.

Complain about this to the BPA, DVLA, your MP, Mrs May, Andrew Jones MP, plus local and national press. Copy the parking scammers in on the complaint to the BPA/DVLA, but do not otherwise contct them until they have provided a PoPLA code.

Craig_Maddocks · 20 April 2017 at 3:53PM

Thanks you for your help.

I do have quick question, we did appeal this and the charge was cancelled with the original company(but have no evidence that it was cancelled because it was over the phone). So no code. I read (but may of misunderstood) that only a PoPLA code is needed for the initial appeal. True or false?

Complicated, advice please

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