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APCOA Parking LTD
werthersoriginal
post Mon, 14 Sep 2020 - 20:56
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RK has received this charge.

The charge date is from February 2020. This is the first correspondence RK says they has received. No other letters.

I have attached the letter.

This post has been edited by werthersoriginal: Sat, 19 Sep 2020 - 19:13
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post Mon, 14 Sep 2020 - 20:56
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werthersoriginal
post Fri, 18 Sep 2020 - 19:54
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QUOTE (ostell @ Fri, 18 Sep 2020 - 18:38) *
But they need to show they posted it first class and when. As most do not use royal mail......

Anyway, perhaps this from another current thread:

Sirs

I have just received your Notice to Keeper reference number XXXXXXXXXX for Vehicle Registration XXXXX

I note that this appears to be railway land and therefore subject to railway byelaws. As such this is not relevant land under Schedule 4 of the Protection of Freedoms Act 2012 paragraph 3 and there can be no transfer of liability from the driver at the time to the keeper.

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc.

edited

This post has been edited by werthersoriginal: Sat, 19 Sep 2020 - 19:13
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ostell
post Fri, 18 Sep 2020 - 20:47
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Nothing else at the moment
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werthersoriginal
post Sat, 19 Sep 2020 - 12:56
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Is the RK writing this to APCOA (even though they have no communication from them) or debt recovery plus? Or do you use the POPLA system?

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ostell
post Sat, 19 Sep 2020 - 15:42
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Send to APCOA, the organ grinder
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werthersoriginal
post Sat, 19 Sep 2020 - 19:13
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(letter edited out)

Anything i need to change before sending?

This post has been edited by werthersoriginal: Sun, 20 Sep 2020 - 16:01
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ostell
post Sat, 19 Sep 2020 - 21:25
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yes, as RK

You could always post it and get a free certificate of posting from a post office to show that it was sent
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werthersoriginal
post Sun, 20 Sep 2020 - 09:42
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Final question, is it fine for the RK to put their address on the written letter to receive communications? The RK is just writing to their address, not sending an email. (as I can't meet them myself and they are not computer literate).
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ostell
post Sun, 20 Sep 2020 - 12:21
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They already know the RK's address!
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werthersoriginal
post Sun, 20 Sep 2020 - 13:02
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QUOTE (ostell @ Sun, 20 Sep 2020 - 13:21) *
They already know the RK's address!

DOH!!! RK is sending it now. Cheers ostell + Gary, will let you know the outcome soon.
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werthersoriginal
post Fri, 23 Oct 2020 - 17:35
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https://imgur.com/a/1HZwCut

This has been received 2-3 days earlier by the RK. No response to the written letter sent to APCOAs address with proof of postage. (no email was sent however). So either received and ignored or the letter hasn't been received. What can/should RK do now?
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ostell
post Fri, 23 Oct 2020 - 18:52
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So you write to APCOA demanding a response to your appeal sent xxxxx and not a letter from a debt collector. Or you require a POPLA code

This post has been edited by ostell: Fri, 23 Oct 2020 - 18:53
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werthersoriginal
post Fri, 23 Oct 2020 - 21:24
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QUOTE (ostell @ Fri, 23 Oct 2020 - 19:52) *
So you write to APCOA demanding a response to your appeal sent xxxxx and not a letter from a debt collector. Or you require a POPLA code

Dated: ----

Dear Sir/Madam,

Ref: ticket number

I wrote to yourself on (date the letter was sent) via a written letter headed to your complaints address. I can see this was received. I have not received any response to this letter and have instead received communications from your debt collectors.

I wish to proceed with this complaint and require a response to this letter urgently. If this cannot be heeded to please provide me with a POPLA code so the matter can be dealt with externally.

Sincerely,

The Registered Keeper

This ok?
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werthersoriginal
post Mon, 26 Oct 2020 - 18:29
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QUOTE (ostell @ Fri, 23 Oct 2020 - 18:52) *
So you write to APCOA demanding a response to your appeal sent xxxxx and not a letter from a debt collector. Or you require a POPLA code

RK received an email response confirming that the written letter was received but because it was passed to debt no response was due!

They are saying RK was given a notice on a particular date (definitely not received)

"The PCN has not been issued under the Protection of Freedoms Act (POFA) 2012, and therefore the timeframe you have referred to is not applicable in this instance. Please note that the PCN has been issued in line with the guidelines set out by the British Parking Association (BPA) in their code of practice, and the timeframes differ to those set out in the POFA 2012.
I have requested this be placed on hold to allow the appeals team to review your appeal".
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ostell
post Mon, 26 Oct 2020 - 19:51
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So a quick note to them asking why , if they are not using th Protection of Freedoms Act, are they continuing to harass the keeper of the vehicle? You also point out that the BPA guidelines are just that, only guidelines. The Protection of Freedoms Act is actual law and must be complied with in order to hold the keeper liable
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werthersoriginal
post Mon, 26 Oct 2020 - 20:38
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QUOTE (ostell @ Mon, 26 Oct 2020 - 19:51) *
So a quick note to them asking why , if they are not using th Protection of Freedoms Act, are they continuing to harass the keeper of the vehicle? You also point out that the BPA guidelines are just that, only guidelines. The Protection of Freedoms Act is actual law and must be complied with in order to hold the keeper liable

So can PCNs only be issued under the POFA? (can't say I really understand the law behind it).

How would you word it. "If the PCN is not issued under the POFA then... the RK cannot be held liable?".
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Sheffield Dave
post Mon, 26 Oct 2020 - 21:18
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PCNs can be issued regardless of POFA. The driver is always liable. POFA just allows them to transfer liability to the keeper if they don't know the driver. Since they've admitted that they're not relying on POFA to transfer liability, only the driver can be liable. Hence asking them why they continue to harrass the keeper.
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ostell
post Mon, 26 Oct 2020 - 21:23
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PCNs don't need to be issued using POFA but then they can't transfer liability to the keeper and can only take action against the unknown driver.


I meant to write
if they are not using th Protection of Freedoms Act, why are they continuing to harass the keeper of the vehicle
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werthersoriginal
post Mon, 26 Oct 2020 - 21:39
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QUOTE (Sheffield Dave @ Mon, 26 Oct 2020 - 21:18) *
PCNs can be issued regardless of POFA. The driver is always liable. POFA just allows them to transfer liability to the keeper if they don't know the driver. Since they've admitted that they're not relying on POFA to transfer liability, only the driver can be liable. Hence asking them why they continue to harrass the keeper.

Ok that does indeed make sense. So something along the lines of this:

"Since you have just mentioned that you are not issuing the aforementioned PCN under the POFA, only the driver can be held liable with no keeper liability whatsoever. Thus I will ask you and your debt collection client to cease harassing me in this matter."

Is that all I need to query? Not looking to make a fart of myself
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werthersoriginal
post Wed, 28 Oct 2020 - 14:53
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Any suggestions b4 i send this?
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