TNC Parking Charge Notice PCN and Notice of Intention to issue summons, CPS Midlands Nov 2021 Options

[RonnyPickering]

I'm new to this forum.

How best do I appeal for this parking charge please ?




Charge Issue Date 30/08/2021

TNC Parking Charge Notice PCN and Notice of Intention to issue summons 


Charge Issue Date 30/08/2021

I sent an appeal by recorded delivery on 23rd Sept 21 which CPS Midland confirmed they received on the 24th Sept but the replied with a letter dated 01/10/21 stating the opportunity has now lapsed as my appeal was received outside of the time frame.

Please see main body of my appeal that was sent to CPS Midlands

[i]I am contacting you in relation to parking charge notice with the above serial number issued on 30/8/21.
I am appealing as the keeper of the said vehicle registration number xxxxxx.
I visited the site of the alleged breach and could not see signage that could possibly hold the driver liable. The signage is clearly referring to the designated parking space to the left of Speedy’s not the public path / kerb in front of the shop.
Therefore, there has been no breach and driver cannot be liable to any parking charge in relation your PCN. [/i]



I then received 1st letter letter from TNC Parking Services dated 5th Nov 21 and titled Outstanding Parking Charge Notice claiming that despite their letter dated 08/10/21* the PCN has still not been paid. *(This was the first correspondence I had received from TNC)


I have now received a 2nd letter Notice Of Intention to Advise Client to Issue Summons letter on 5th Nov 21 from TNC.

Please can you advise on how best can I challenge this ticket and its disproportionate charges, and not pay it at all, given the frustration, time and inconvenience this has now caused me.

Thanking you in anticipation of your assistance.

This post has been edited by RonnyPickering: Tue, 30 Nov 2021 - 00:13

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[nosferatu1001]

So TNC are acting as debt collectors?
What was the appeal period? It's written in the NTK. I have a sneaking suspicion it's 21 days


Good news is no one's going to issue a summons, that's fir criminal claims. And if tnc are acting as debt collectors, if a claim is issued theyDO get paid

You're at the pay or ignore until you get a letter before claim OR claim form stage. You cannot stop them sending you letters

[DWMB2]

Let's see the PCN, and show us a Google Maps link or similar for where the driver parked, as well as any signage in the area.

By the sounds of it your main argument was that the signage was unclear, so it's important we see this.

[RonnyPickering]

@nosferatu1001

I have not been issued a Notice to Keeper yet. According to the letter I received from CPS Midlands in response to my appeal , apparently the opportunity to appeal has now lapsed as my appeal was received outside of the time frame. I sent the appeal recorded delivery and it warrived within 28 days and CPS Midlands confirmed the date they received it but it wasnt within thier 21 days threshold. The 1st Letter i received from TNC also stated that i have not advised them that I was not the keeper or driver of the car, however the time to appeal has now passed.

So a quick overview - I followed the 28 days route for appeal , CPS Midlands rejected my appeal stating it was outside the time frame for appeals.

Received 1st letter from TNC titled Outstanding Parking Charge Notice claiming that despite their letter dated 08/10/21* the PCN has still not been paid. *(I didnt receive any letter) and hat i have not advised them that I was not the keeper or driver of the car.

Received 2nd letter from TNC titled Notice Of Intention to Advise Client to Issue Summons letter claiming that they will instigate legal proceedingswith 7 days of the postmark *( I dont have the envelope )

This is where I am at .

Thanks in advance.

Attached thumbnail(s)

 

[DWMB2]

Send a Subject Access Request to get hold of a copy of all the documents, to see if anything else seems to have vanished in the post. If no Notice to Keeper was issued this is one element of your defence.

Let's see the PCN, and show us a Google Maps link or similar for where the driver parked, as well as any signage in the area.

By the sounds of it your main argument was that the signage was unclear, so it's important we see this.

The above still stands too - let's see the signs, and where the driver was parked.

[RonnyPickering]

DWMB2

Thanks for your suggestion.

I d prefer to wait and see what everyone elses take is on my initial post.

Thanks again.

[nosferatu1001]

Or, answer the questions from the people here who know more than you

So, to actually fill in the facts you've omitted , with my best guesses

- you appealed a notice to driver, for some reason by post and spending way too much when all you needed was proof of posting first class, and despite the notice to driver stating the keeper or driver only has 21 days to appeal, decided you could take 28
- cps responded to the appeal, correctly pointing out only 21 days are allowed to appeal
- assuming the appeal extract above is accurate as concerns the rest of the appeal, ie it doesn't give away the drivers identity, it seems like cps have decided either not to issue a notice to keeper, or it went missing in the post.
- we know the parking charge was issued on 30th august and the FIRST TNC letter posted indicates this is NOT the first letter from TNC, because it states this on the first line. Have you made any enquiries as to what that letter was ?
- ot is almost certainly the NTK, because TNC do back office for CPS and issue their ntk, so either they didn't do so or it went missing, but to say you haven't been issued a ntk is wrong. You don't know that. All you know is you didn't receive it.
- so obviously, sar

Oh, and don't hide all the details like that.

Now, show us the signs, given that's what you're hanging any defence on

[DWMB2]

Why don't you show us the signs and send the Subject Access Request whilst waiting for the advice of others? They have a month to respond, if you wait and then they file a claim, you risk not getting a response in enough time to use it in your defence.

So far from the information you've provided there are two potentially good defence points (poor signage and no Notice to Keeper), but nobody can decide how good they are until we have the details.

[RonnyPickering]

There are Certain individuals on here that work for these private parking companies .

I will not be bullied into given irrelevant information.

If you can advice based on the information I have stated in my original post - I d be grateful but if you want further infomation that I deem irrelevant then I will politely say no thanks in advance.

Or, answer the questions from the people here who know more than you

So, to actually fill in the facts you've omitted , with my best guesses

- you appealed a notice to driver, for some reason by post and spending way too much when all you needed was proof of posting first class, and despite the notice to driver stating the keeper or driver only has 21 days to appeal, decided you could take 28
- cps responded to the appeal, correctly pointing out only 21 days are allowed to appeal
- assuming the appeal extract above is accurate as concerns the rest of the appeal, ie it doesn't give away the drivers identity, it seems like cps have decided either not to issue a notice to keeper, or it went missing in the post.
- we know the parking charge was issued on 30th august and the FIRST TNC letter posted indicates this is NOT the first letter from TNC, because it states this on the first line. Have you made any enquiries as to what that letter was ?
- ot is almost certainly the NTK, because TNC do back office for CPS and issue their ntk, so either they didn't do so or it went missing, but to say you haven't been issued a ntk is wrong. You don't know that. All you know is you didn't receive it.
- so obviously, sar

Oh, and don't hide all the details like that.

Now, show us the signs, given that's what you're hanging any defence on

Thank You
I have sent a SAR out to both CPS and TNC .

Hopefully, I should hear back within 30 days .

[The Rookie]

We are only asking for information that the parking company already have.

Either you help us to help you or you don’t and we can’t and probably won’t. Your choice

[nosferatu1001]

Meh. Not bothered. I'm out.

OP - you're here for advice, won't confirm details, and you're rude about it. To my reasonable knowledge no one in this thread works for ppcs. If you make it difficult for people to help, they won't.

Btw. We know better than you what's relevant. It's why you're here.

[DWMB2]

I can't advise further than I already have based on the limited information provided.

The information I've asked for is not 'irrelevant', or I wouldn't have asked for it. So far all I've asked for is photos of the signs and where the car was parked. The key point in your initial appeal was that the signage was unclear, and didn't appear to apply to where the vehicle was parked. Given that fact, its hard to see how this information could not be relevant.

We're trying to help you, in our spare time. If you're being asked a question, it's in order to understand your case and support your defence. You can surely see why it's frustrating when we try to do that, only to get told we're trying to 'bully', or that that the poster thinks the information we could use to help them form a defence is 'irrelevant'.