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Marc21
post Thu, 2 Jul 2020 - 10:59
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Hi there,

I received a letter from ZZPS for payment & debt recovery charges. I contacted them to tell them that I hadnt heard back with regards to my appeal & assumed that this was an error. They agreed & said that they would get in contact with their client. I said that I would also be appealing to POPLA should they not come back to me but I was told that I wouldnt be allowed to as it was outside the timeframe allowed.

A week or so later I received an email from them (details below) - this had photos of my car etc

Please see attached images and details of the contravention we have received from our Client
Please be advised this Notice is on hold for 14 days to allow payment to prevent this from progressing further
.

I emailed them back to ask what this was as I still hadnt heard back about the appeal & was told that at the time of my appeal, the time to appeal had already passed as 28 days were given from the date the notice that was issued and attached to the vehicle.

Any advice on how to proceed?

Any assistance/advice would be very gratefully received,



This post has been edited by Marc21: Thu, 9 Jul 2020 - 05:57
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post Thu, 2 Jul 2020 - 10:59
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ostell
post Thu, 2 Jul 2020 - 11:16
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So let the keeper respond to the NTK and see what happens.

Dear Sirs,

With reference to 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 56 days as prescribed by section 8 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

I was not the driver at the time and as there is no legal requirement to name the driver 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



If you can first class post and a free certificate of posting from a post office.

Even though the seem to have not acknowledged the appeal by the driver edit your post so that the identity of the driver cannot be inferred.
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Marc21
post Thu, 2 Jul 2020 - 11:35
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Many thanks ostell

I have already informed them that my wife wasnt driving & that I was.

My appeal letter also stated this fact along with my photographic evidence etc. Since then all correspondence & emails have been addressed to me.

Will your advice work in this instance?

Kind regards
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Jlc
post Thu, 2 Jul 2020 - 11:48
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QUOTE (Marc21 @ Thu, 2 Jul 2020 - 12:35) *
Will your advice work in this instance?

No. Never reveal the driver - there are very few times this should be done.

QUOTE (Marc21 @ Thu, 2 Jul 2020 - 12:35) *
My appeal letter also stated this fact along with my photographic evidence etc. Since then all correspondence & emails have been addressed to me.

What was the charge issued for? What evidence did you think would help?


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Marc21
post Thu, 2 Jul 2020 - 11:55
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I know, I was incredibly stupid for telling them it was me that was driving. I thought it was better to own up rather than let the wife get all stressed about debt recovery letter etc. I

I got the ticket for parking outside a marked visitor parking bay (these were dotted squares marked with a 'V'). I was parked in a lay-by instead which had no markings whatsoever. I took photos etc & sent these off to paymypcn but never heard anything back & now they are saying its too late
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ostell
post Thu, 2 Jul 2020 - 11:57
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So the keeper responds to the letter that they were sent.

How about a redacted copy of the NTK but leave dates, windscreen ticket and photos of signs

This post has been edited by ostell: Thu, 2 Jul 2020 - 12:07
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Marc21
post Thu, 2 Jul 2020 - 12:11
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Thanks ostell

Is this still the case though if I/she has already replied via their website that she wasnt driving?

Its close to the 56 days POFA limit but in your opinion & to double check - I read that this should be from the 2nd working day after the NTK was posted. Im my case the letter was dated Thurs 12th March, so the official date received would be Mon 16th March. Penalty issued on Fri 17th January so day 1 would be the 18th Jan?

Many thanks again
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Jlc
post Thu, 2 Jul 2020 - 12:13
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The driver has been admitted and they are conversing with them... PoFA doesn't apply.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Marc21
post Thu, 2 Jul 2020 - 12:55
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PCN pic attached





This post has been edited by Marc21: Thu, 9 Jul 2020 - 05:59
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ostell
post Thu, 2 Jul 2020 - 15:21
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They knew the driver details but they still sent a NTK. Suspect their systems aren't all that they are supposed to be and a response from the keeper might just confuse the matter to the OP's benefit
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Jlc
post Thu, 2 Jul 2020 - 15:31
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I think the OP appealed the NtK?


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Marc21
post Thu, 2 Jul 2020 - 16:10
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The next thing heard was when my wife received the NTK (photo posted in a previous post), it was only at this point did I notify them of myself being the driver & appealed via the ipaymypcn website (as indicated on the reverse side of the PCN).

3 months later they are now saying that I cannot appeal.

Can they just ignore my appeal, can I appeal elsewhere at all after this length of time?

Many thanks for all your help!

This post has been edited by Marc21: Thu, 9 Jul 2020 - 06:09
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ostell
post Thu, 2 Jul 2020 - 16:31
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OK, it's now a wait till the Letter Before Claim arrives
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Marc21
post Thu, 2 Jul 2020 - 16:37
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Even though the rear of the NTK states that I should appeal to them 1st before appealing to POPLA if rejected? Im now left with no choice but to pay or go to court?



This post has been edited by Marc21: Thu, 2 Jul 2020 - 16:38
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ostell
post Thu, 2 Jul 2020 - 16:51
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So what did the signs say?

Yes it's pay or wait for court.
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Jlc
post Thu, 2 Jul 2020 - 16:59
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QUOTE (Marc21 @ Thu, 2 Jul 2020 - 17:37) *
...or go to court?

That's only if they raise a claim.

They had zero hearings in 2019.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Marc21
post Thu, 2 Jul 2020 - 17:27
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Sign in daylight



Sign at night & car location when ticketed (sign in background on right side lamp post- poorly lit)



Is there a way of seeing how many hearings they may have had? Is there a time limit for it to go to court?

I assume writing to either ZZPS or their client is just a waste of time?

Apologies in advance for all the questions but Im a little bit stressed by the whole thing!

Many thanks again

This post has been edited by Marc21: Thu, 2 Jul 2020 - 17:28
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Jlc
post Thu, 2 Jul 2020 - 17:46
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QUOTE (Marc21 @ Thu, 2 Jul 2020 - 18:27) *
Is there a way of seeing how many hearings they may have had? Is there a time limit for it to go to court?

They are not litigious at all from what I know. They have 6 years to raise a claim.

QUOTE (Marc21 @ Thu, 2 Jul 2020 - 18:27) *
I assume writing to either ZZPS or their client is just a waste of time?

With private parking charges they aren't up for a debate when they put the shutters down. There's nothing you can say to stop the letters arriving with the red ink.

Only if you receive a 'Letter Before Claim' do you need to take action.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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