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parking notice for overstay
anotheruser
post Tue, 16 Apr 2019 - 07:02
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Hi all,

I have a NTK letter from when the driver of the car was parked in a car park longer than the maximum period (120 minute max stay, car was there for 162 minutes), their 'proof' is images of the car arriving/leaving the car park and no ticket was placed on the car. First there was a disabled person in the car at the time, and the car was parked in a disabled bay with blue badge displayed and secondly the NTK was sent on the 28th of Feb with the 'contravention' listed as the 12th of Jan.

I have subsequently received a second 'Final Reminder'.

Given that the first letter was nearly 6 weeks before they even sent it, can I just ignore it as invalid (I had read somewhere that they had to be issued within 4 weeks). Or failing that appeal on the fact that reasonable provision must be given to those with disabilities as the car was in a disabled bay with a valid blue badge displayed.

Appeals are through 'www.myparkingcharge.co.uk' with potential to go up through www.theIAS.org if that is unsuccessful.

Many thanks for reading.
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post Tue, 16 Apr 2019 - 07:02
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Redivi
post Tue, 16 Apr 2019 - 07:42
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Which parking company ?

Never appeal to the IAS
It guarantees to reject at least 85% of appeals

The Equality Act requires companies to take account of the needs of disabled persons who may need more time for tasks
An appeal system won't consider this requirement but include it anyway as a warning shot that you won't be rolling over



This post has been edited by Redivi: Tue, 16 Apr 2019 - 07:46
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ostell
post Tue, 16 Apr 2019 - 07:50
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With no ticket on the windscreen then the NTK has to be delivered within 14 days tobe able to transfer liability from the driver to the keeper.

As you haven't appealed yet then:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


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anotheruser
post Wed, 17 Apr 2019 - 08:17
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Many thanks,

Parking company is VCS (Vehicle Control Services LTD). I will kick off with @ostell suggestion. Thank you.
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Jo Carn
post Wed, 17 Apr 2019 - 15:27
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Also, if they continue to write to you they are using your personal data inappropriately. Contrary to GDPR
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anotheruser
post Fri, 17 May 2019 - 04:48
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Hello again,

So they have ignored my letter worded as above and have now sent a 'Letter before claim' with a reply form and debt advice inserts.

Do I just ignore this until they get a court date?

I was going to upload the redacted pictures of the document but even after shrinking it down it does't seem to want to upload.


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ostell
post Fri, 17 May 2019 - 08:13
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No, respond to them pointing out that there has been a failure to comply with POFA and this has already been notified to them and why are they continuing.
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