PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Final Reminder as first contact +14 days
wilsongrey
post Wed, 16 May 2018 - 19:31
Post #1


New Member


Group: Members
Posts: 4
Joined: 16 May 2018
Member No.: 98,003



Hi all,

First parking ticket received from Britannia Parking. It was addressed to my OH (registered keeper).

Letter is attached.

We would like to appeal as the driver paid the parking fee. But there are other issues as well...

Britannia Parking have not informed us of the following;
Why the PCN was issued originally (overstay, wrong reg, outside of bay etc)
They have not given us a first reminder, or any requests for who was driving the vehicle at the time
How much is actually owed - apparently it will increase to £160, but from what amount?

We have not had any contact from Britannia Parking regarding this charge up until now. There are definitely more than 14 days between the alleged 'contravention' and this notice. Does the 14 day rule apply here? (ANPR parking).

Any help is appreciated.



This post has been edited by wilsongrey: Thu, 17 May 2018 - 09:33
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 7)
Advertisement
post Wed, 16 May 2018 - 19:31
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Wed, 16 May 2018 - 20:02
Post #2


Member


Group: Members
Posts: 27,689
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



Is it definitely an ANPR site? You could find out from the DVLA when the keeper details were accessed. (If it was an ANPR site then they'd have to access pretty sharpish to meet the 14 day requirement for keeper liability. Otherwise, they have to wait 28 days from a ticket on the car before accessing, and deliver with 56)

Britannia don't do court but I still wouldn't ignore it.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
wilsongrey
post Thu, 17 May 2018 - 09:30
Post #3


New Member


Group: Members
Posts: 4
Joined: 16 May 2018
Member No.: 98,003



QUOTE (Jlc @ Wed, 16 May 2018 - 21:02) *
Is it definitely an ANPR site? You could find out from the DVLA when the keeper details were accessed. (If it was an ANPR site then they'd have to access pretty sharpish to meet the 14 day requirement for keeper liability. Otherwise, they have to wait 28 days from a ticket on the car before accessing, and deliver with 56)

Britannia don't do court but I still wouldn't ignore it.


Yes - definitely ANPR. Keeper details requested from DVLA on 7th April 2018. Initial notice sent on the 13th April 2018.
Go to the top of the page
 
+Quote Post
Steve_999
post Thu, 17 May 2018 - 10:40
Post #4


Member


Group: Members
Posts: 940
Joined: 12 Jun 2008
From: West Sussex
Member No.: 20,304



You say that is the first (and only?) communication received.

Where did you get the date of the initial notice if you haven't received it? Have you contacted Britannia and got the details? If so, I suggest you post up details of all correspondence and, whatever you do, don't telephone them!
If you haven't contacted them, don't do that without taking advice from the forum.
Go to the top of the page
 
+Quote Post
wilsongrey
post Thu, 17 May 2018 - 10:52
Post #5


New Member


Group: Members
Posts: 4
Joined: 16 May 2018
Member No.: 98,003



QUOTE (Steve_999 @ Thu, 17 May 2018 - 11:40) *
You say that is the first (and only?) communication received.

Where did you get the date of the initial notice if you haven't received it? Have you contacted Britannia and got the details? If so, I suggest you post up details of all correspondence and, whatever you do, don't telephone them!
If you haven't contacted them, don't do that without taking advice from the forum.


I contacted Britannia by phone and informed them this was the first communication that had been received. They have extended the 'period' by 30 days and resent the first notice. It was during this 'call that I asked when they requested the details from the DVLA and when they sent out the initial notice.

Was very cautious on the phone having read the advice re not revealing who the driver was etc.
Go to the top of the page
 
+Quote Post
ostell
post Thu, 17 May 2018 - 11:25
Post #6


Member


Group: Members
Posts: 6,981
Joined: 8 Mar 2013
Member No.: 60,457



So... the breach was the 27th March, the first letter was sent 13th April, a Friday. The act presumes that a Notice to keeper is received 2 working days after issue. As the issue was a Friday then it is assumed that the date of delivery is not until the following Tuesday, the 17th.

So a simple BOGOFF (search it) letter to them pointing out 9 (4) (b) and 9 (6), as well as the usual stuff. Make sure they know that the issue date wasa a Friday and therefore delivery not assumed until the following Tuesday. No keeper liability so no hinting about the driver. Post it on here first before sending.
Go to the top of the page
 
+Quote Post
wilsongrey
post Thu, 17 May 2018 - 12:25
Post #7


New Member


Group: Members
Posts: 4
Joined: 16 May 2018
Member No.: 98,003



QUOTE (ostell @ Thu, 17 May 2018 - 12:25) *
So... the breach was the 27th March, the first letter was sent 13th April, a Friday. The act presumes that a Notice to keeper is received 2 working days after issue. As the issue was a Friday then it is assumed that the date of delivery is not until the following Tuesday, the 17th.

So a simple BOGOFF (search it) letter to them pointing out 9 (4) (b) and 9 (6), as well as the usual stuff. Make sure they know that the issue date wasa a Friday and therefore delivery not assumed until the following Tuesday. No keeper liability so no hinting about the driver. Post it on here first before sending.



First draft below. A few bits of advice needed, who do I sign the letter as? What do you mean by 'the usual stuff'? Thanks in advance.

Ref:

Dear Sir/Madam,

You have contacted us regarding the above reference number, in which you claim a parking charge is owed by ourselves. I also reference a call made to your representative on the 17th May 2018. In which your agent informed me that in regards to the above reference number, a request was made to the DVLA on the 7th April 2018 and the initial notice was sent on the 13th April 2018. Your agent also acknowledged that the initial notice had not arrived and advised that the initial letter would be resent by first class post on the 17th May 2018, to arrive by the 19th May 2018.

We would point out that under sections 9 (4) (b) of the Protection of Freedoms Act 2012, the notice must be sent by post to a current address for the keeper so that it is delivered to that address within the relevant period. The relevant period being 14 days beginning with the day after that on which the specified period of parking ended. As your notice was initially sent on Friday 13th April 2018, assuming 2 postal days (Protection of Freedoms Act 2012 9 (6)) for the notice to be delivered, I would point out that your notice would not have arrived until Tuesday 17th April at the earliest. This is a period of 21 days from the date after the alleged contravention and therefore outside of the 14 days as required.

I await your written confirmation that this matter is now closed.

Yours faithfully,

This post has been edited by wilsongrey: Thu, 17 May 2018 - 12:26
Go to the top of the page
 
+Quote Post
ostell
post Thu, 17 May 2018 - 14:23
Post #8


Member


Group: Members
Posts: 6,981
Joined: 8 Mar 2013
Member No.: 60,457



You have contacted me, the registered keeper .....

..... assuming 2 working days..........


I am under no legal obligation to name the driver at the time of the event I will not be doing so. I do not expect to hear from you again about this matteer save as to confirm that there will be no further action taken against me.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Monday, 28th May 2018 - 03:37
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.