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Ne Parking final notice, final notice
blackpoolman66
post Thu, 11 Jan 2018 - 12:35
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Hi all first of all thanks for reading hopefully you can advise.

the keeper received a final notice letter from NE Parking trouble is they are referring to a previous letter that had not been received by the registered keeper

The letter says it is to do with parking 30/07/2017 and the driver has no recognition of parking for any period of time in any car park but does remember towing a family members car that had broken down in the car
(the driver entered and left the carpark 3 times to fix the car this was once to bump once two try a battery and 3rd to tow the car all with in 1/2 hour 40 min) incidentally theyhas not received a letter for over staying .

The new letter states to pay with in 14 days from date of letter (5th Jan) todays date is the 10th.

They are threating legal action ccj sheriff bailiffs

any advice greatly received

manythanks

This post has been edited by blackpoolman66: Thu, 11 Jan 2018 - 14:27
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post Thu, 11 Jan 2018 - 12:35
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kommando
post Thu, 11 Jan 2018 - 12:39
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Edit so as not to infer identity of driver, refer only to 'the keeper' or 'the driver'

Post the letter after removing identifying features including bar codes but leave dates and timings in place.
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blackpoolman66
post Thu, 11 Jan 2018 - 12:50
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many thanks for the quick response

please find attached letter


not sure where it is meant to show but it has uploaded

regards

[attachment=52784:neparking.pdf]

This post has been edited by blackpoolman66: Thu, 11 Jan 2018 - 14:00
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Attached File  neparking2.pdf ( 299.31K ) Number of downloads: 142
 
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kommando
post Thu, 11 Jan 2018 - 13:29
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Edit the first post as told.

If this is the first communication then only the driver is liable, there is no keeper liability.
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blackpoolman66
post Thu, 11 Jan 2018 - 13:45
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thanks hopefully right this time rubbish at this sort of thing
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kommando
post Thu, 11 Jan 2018 - 13:47
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rr

This post has been edited by kommando: Thu, 11 Jan 2018 - 14:05
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cabbyman
post Thu, 11 Jan 2018 - 13:49
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EDIT the PCN ref from the letter.


--------------------
Cabbyman 11 PPCs 0
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blackpoolman66
post Thu, 11 Jan 2018 - 13:54
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removed sorry and thanks
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kommando
post Thu, 11 Jan 2018 - 14:05
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rrr

This post has been edited by kommando: Thu, 11 Jan 2018 - 14:14
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kommando
post Thu, 11 Jan 2018 - 14:16
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rrrr

This post has been edited by kommando: Thu, 11 Jan 2018 - 14:29
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blackpoolman66
post Thu, 11 Jan 2018 - 14:28
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if we get there eventually this will be a good post for the does and do not section (attempt at light humour)
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kommando
post Thu, 11 Jan 2018 - 14:34
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OK, now write a reply to NE Parking as keeper telling them

1. This is the first communication the keeper has recieved from them so you are taking it as the NTK (Notice to keeper).

2. As a NTK it falls woefully short of meeting the requirements of POFA 2012 to succeed in making the keeper liable for the drivers actions.

3. You will not be identifying the driver.

3. So you expect them to stop processing your data other than to inform you the matter is closed.

Draft your reply and post it for critique.
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blackpoolman66
post Thu, 11 Jan 2018 - 14:53
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Thanks please find below

my address
date

Sir/Madam

NE Parking
address Omitted for this
Omitted

Reference 1234567

Dear Sir/Madam:

This letter is in reply about ref1234567 date marked 05/01/2018 received on the 11/01/2018. The letter from NE Parking is the first letter I have received from your selves I would like to address some findings

1. This is the first communication as keeper of the vehicle and will take this as the first NTK (notice to keeper) with your selves (NE Parking).

2. As a NTK this letter falls short of the requirements of POFA 2012 to succeed in making the keeper liable for the drivers actions.

3. I will not make the driver identity known to your selves.

4. I expect you to stop processing any data you have on my self and consider the action closed

Sincerely
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ManxRed
post Thu, 11 Jan 2018 - 15:29
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Change 3 to 'There is no legal requirement to name the driver, and on this occasion I will not be doing so'

Change 4, add an extra sentence 'Please treat this as a Section 10 notice under the Data Protection Act.'


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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blackpoolman66
post Thu, 11 Jan 2018 - 15:41
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BTW many thanks for this


3. As there is no legal requirement to name the driver and on this occasion I will not be doing so.

4. I expect you to stop processing any data you have on myself, please treat this as Section 10 notice under the Data Protection act, and I consider the action closed
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blackpoolman66
post Thu, 11 Jan 2018 - 15:59
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Hi I noticed they didn't say when they sent the original letter (date wise) just referenced the day it happened, would this have some bearing. ie so many days past etc
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kommando
post Thu, 11 Jan 2018 - 16:09
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If you want to know if they ever sent a letter than you can ask the DVLA who accessed the keeper data and when for the vehicle between 30/7/17 and 5/1/18, by knowing this you can work out if they ever had the capability to send a compliant NTK, if they did not get the timings right and accessed the data too late they are stuffed.

You will have to search the forum for the proper DVLA email address to use or they will want £5 when you can get the info for nothing.
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ostell
post Thu, 11 Jan 2018 - 16:10
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If no windscreen ticket then must be within 14 days otherwise between days 28 -56 so they've missed on both counts.
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blackpoolman66
post Thu, 11 Jan 2018 - 16:26
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Interesting will be worth paying the money just to find out

many thanks rockonrockout
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nosferatu1001
post Thu, 11 Jan 2018 - 16:33
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You wont need to pay, email email email.
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