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Complicated, advice please

245

Comments

  • OK so I phoned.

    They said that it is a None Pofa parking charge. So they can send the notice to keeper anytime they want.

    They said they cant cancel the charge because they don't have the authority and spring parking wont talk to us either.

    HELP
  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
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    edited 20 April 2017 at 4:47PM
    The advice in the NEWBIES thread tells you to never 'phone a parking company as you risk giving away the driver's identity. Saying "I parked" or, "my wife parked" during a recorded call is all it takes.)

    Nothing they say makes any difference to what you should do. I have already advised you what this is. You will win at PoPLA becuase the NTK is outwith the POFA 2012 and therefore only the driver can be held liable. As long as nobody tells them the identity of the driver they are stuffed.

    Now please start making the compaints as advised. You can't progress this without a PoPLA code so you need to tell the BPA you haven't been given one, and you are now being threatened with court by a different company to the one that sent the PCN (another winning PoPLA appeal point as the details on both the PCN and NTK must match.)

    The DVLA also need to be made aware of this. I believe the contact detail are available in the NEWBIES.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • sorry for the million questions. They are refusing to give me a PoPLA code. they said they don't give them out and NTK rules don't apply because of its a Non POFA charge.

    I have contacted them again via email. Asking for a code. just to appeal within the 28days of NTK and ill contact BPA.

    I feel I will end up paying this fine because its easier than going to court.

    I really appreciate the help though.
  • Coupon-mad
    Coupon-mad Posts: 131,638 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 20 April 2017 at 5:27PM
    I feel I will end up paying this fine because its easier than going to court.

    Absolutely NOT.

    Get real - this is nothing at all - you should NEVER have phoned them. I do hope you didn't admit the driver on the phone or talk about the parking day...absolutely pointless phone call and a phone call is never something to do about any PCN, not even a real Council one, never never phone about a parking charge.

    It's a TINY little firm, Spring Parking, not a court-happy monster! And they must send you a POPLA code. Even for a non-POFA one, 146 days is too long for the NTK.

    I would indeed complain to the BPA about the 2 issues now:

    - the NTK taking 146 days (DO NOT talk about the PCN or driver!)
    - them refusing to provide a POPLA code.

    aos@britishparking.co.uk
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fruitcake
    Fruitcake Posts: 58,231 Forumite
    Name Dropper Photogenic First Anniversary First Post
    sorry for the million questions. They are refusing to give me a PoPLA code. they said they don't give them out and NTK rules don't apply because of its a Non POFA charge.

    I have contacted them again via email. Asking for a code. just to appeal within the 28days of NTK and ill contact BPA.

    I feel I will end up paying this fine because its easier than going to court.

    I really appreciate the help though.

    It is not a fine.

    If they refuse to give you a PoPLA code they are in breach of the ADR Act 2015, which is why you must complain. I advised you to compain to the BPA and DVLA, and copy the scammers in, not to contact the scammers again. I feel that I am wasting my time by trying to help you when you won't take my advice.
    Of course that is your choice, but it is not a very nice feeling for me.

    They don't have to comply with the POFA 2012, but can only go after the driver if they don't.

    I would have thought a couple of emails to the BPA and DVLA would be a lot easier than paying scammers who aren't going to take you to court anyway. You can contact the BMPA motoring charity for confirmation of that if you wish, but one of their members has already told you this.

    Please don't pay it otherwise you will be funding the scammers to target more vulnerable people, and will be a kick in the teeth for the people who give up their time everyday, for free, to help people like you.
    The NEWBIES thread took volunteers hundreds of hours to create, and is regularly updated.

    Please just follow the advice, and spend a few hours of your own time to beat the scammers.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    If you look at the simple numbers. Spring Parking issued 3337 tickets last year and went to court 4 times. 1 in 1000 is the usual rule and Spring are no different from the rest.

    But you could be one of those people if you are the unlucky sort. Are you unlucky?
  • It is now with P.C.S.
    And no I did not admit who the driver was on the phone.

    Thanks for the fighting talk guys, Massive help
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    sorry for the million questions. They are refusing to give me a PoPLA code. they said they don't give them out and NTK rules don't apply because of its a Non POFA charge.

    That is a big,fat porky. I bet they didn't put that in writing. I also bet they will deny ever saying it.

    Refusing to give POPLA codes is a serious breach of BPA rules. You should inform the DVLA and the BPA immediately.
  • I bet you're right they refused to send it in an email.
  • Is this all correct.

    Dear Sir or Madam

    I would like to make a written complaint about the Parking Collection Services company who are a member of the BPA.

    My name is ****, I received a Notice to keeper 146 days after a the PCN was issued. I tried to appeal because of this reason. I did this via email but received an email in response to this threatening court action. I then phoned the company and they refused to give me a PoPLA code even though I had asked for one in the email. They said they don’t give out codes because they are a collection agency and the original company Spring Parking would need to provide that. However the Notice to Keeper was not issued by Spring Parking it was issued by Parking Collection Service and spring parking won’t deal with that matter. They stated that the notice to keeper can be issued at any time because it was a non POFA Parking charge.

    The email they sent also stated that they can presume I was the driver because I am the keeper which is incorrect. They also used the established case of Elliott v Loake [1982] as evidence of this. They did this probably knowing this doesn’t apply for a private parking case. I also believe this is a breach of the BPA code of practice.
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