Parking Awareness Service (PAS) PCN

johjames · 21 February 2018 at 8:20PM

Well, the irony is in the name, given that PAS appear to be run by a recognised scammer!

I received a 'Parking Charge Notice" from PAS in relation to an alleged offence which occurred in October of last year. The letter states 'The driver of the above vehicle is liable for a Parking Charge for the above amount' and so it goes on. It later states 'we do not know both the name and serviceable address for the driver and as the registered keeper of the vehicle you are invited to pay the amount due nor if you were not the driver please provide their full name, current serviceable address and if possible pass this notice to them'.

I've read the Newbies advice and threads relating to IPC members and I have a couple of questions which I hope the more experienced amongst you could answer please. Firstly, does this letter amount to a Notice to Keeper? Secondly, if it does, should I add to my response (the IAS template response from MSE) that PAS's non-compliance with POFA means that they have forfeited any right to hold me as keeper liable for any charges? They were, in my view, non-compliant with Paragraph 9, given that the letter was received nearly 4 months after the alleged parking contravention; and Paragraph 8, as the land to which the alleged contravention relates was not readable due to an error in their printing on the letter. Finally would you suggest delaying my response until the 28th day, as I was unclear about this from the forums I've read in an IPC case?

Thanks, your advice is very much appreciated.

KeithP · 21 February 2018 at 8:23PM

See what you are up against:

www.bmpa.eu/companydata/Parking_Awareness_Services.html

Coupon-mad · 21 February 2018 at 8:28PM

Yes that's a late NTK and you are right, and can add wording about the POFA not being complied with. No need to delay it.

Why not add something like the bit under the words I bolded, here:

http://forums.moneysavingexpert.com/showthread.php?p=73854261
#post73854261

and send a complaint to your MP and Trading Standards, all worth doing.

Guys_Dad · 21 February 2018 at 8:28PM

Dear PPC.

I know you are out of time to transfer liability to the Registered Keeper under POFA.

You know you are out of time to transfer liability to the Registered Keeper under POFA.

I am unable after all this time to remember who was driving.

My suggestion is to cancel the charge to save yourself court costs for an unwinnable case.

Yours faithfully.

johjames · 21 February 2018 at 11:02PM

Thanks Keith P. I'd already seen it, very helpful.

johjames · 21 February 2018 at 11:14PM

Thanks Coupon-M, I've added a reference to Hansard.

johjames · 21 February 2018 at 11:15PM

I was sorely tempted to use this! Next time!

johjames · 27 February 2018 at 8:54PM

Hi folks,

I received the following letter, cut and pasted in bold below, from Parking Awareness Services. I'm assuming from its content that it's generic and my plan of action is simply to ignore it and should they choose to proceed with Court Action, then I'll challenge their breach of statute there and claim for costs, loss of earnings and so on. I wondered whether you might be kind enough, given your expertise, to have a quick look and let me know if this is the right approach or if you'd suggest I do anything different, or indeed if what PAS are saying is legitimate, given their statement that the PCN was 'NonPOFA'. I'm aware to avoid the IAS. Thanks in advance!

Thank you for your appeal received on regarding the above detailed Parking Charge Notice.

We have reviewed the case and considered the comments that you have made. This appeal has been considered in conjunction with the evidence gathered by the parking attendant, retrospective evidence you may of supplied could not be used in the appeal decision. You were issued with a Parking Charge Notice for:
You parked longer than the period allocated to your vehicle's registration, therefore agreeing to pay consideration which permitted you to park for up to 24 hours. The signs clearly displayed on-site clearly state that you must allocate a period of parking to your vehicle registration, which your vehicle did not. The signs clearly state that if you remain on-site without adhering to the terms and conditions displayed, you agree to a pay a Parking Charge Notice of £100. Please note that if you choose not to supply the driver’s details or prove otherwise we will continue enforcement with yourself as the presumed driver. The PCN sent to you was NonPOFA as the DVLA carried out an audit (to ensure legitimacy of the request) causing the issue of the PCN to be delayed. Our PCNs are issued on the basis of breach of contract. Please find attached the photographic evidence regarding your PCN and the cameras used to capture these images use satellites to regulate the time and date. All signs, sites and correspondence are audited by the IPC to ensure that we meet all the legal requirements necessary to operate in the manner that which we do.
We are therefore unable to cancel the Parking Charge Notice as it was issued correctly.we have now extended the amount of time you have to pay by 21 days, please now make payment of £60 to reach us by or £100 to reach us by .
You now have two options:
1. You can pay the total amount due as shown above within the next 21 days.
Online: By Phone: 01616672215
2. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. For further information please visit . Please be advised that If you do decide to appeal to IAS the option to pay the discounted amount will not longer be available and the full amount of the PCN will be due, if your appeal is rejected by IAS.

Redx · 27 February 2018 at 8:57PM

as you say, its generic if they are saying YOU PARKED whereas if its a keeper appeal there is no proof of who parked, not unless a driver is so stupid as to give away their details and plead "guilty as charged"

there are no further stages , you are at the impasse stage , neither side giving in

come back if you receive a formal LBC or an MCOL within 6 years

Guys_Dad · 27 February 2018 at 9:43PM

:rotfl::rotfl:Now you can use the suggested wording in post #4.

johjames · 27 February 2018 at 9:47PM

Thanks RedX, your input has been both helpful and considerate. Thanks again.

Parking Awareness Service (PAS) PCN

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