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NOTICE TO KEEPER FROM BANK PARK MANAGEMENT LTD, 3 NOTICE TO KEEPER WITHIN SPACE OF A MONTH
sally786
post Thu, 22 Feb 2018 - 02:41
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Hello

I really need help from you guys ! I moved house back in June 2017 and didn't change to my new address on the logbook till January 2018. Today I went to collect letters from the new owners at my previous address and shockingly received about seven letters in total all from Bank Park Management Ltd. They issued Notice to keepers, two in December and one in January. I am also in receipt of a one letter from a company called ZPPS chasing the debt from the first offence. As I only received these letters today obviously the 14 days has lapsed and I am now looking at a debt of £360 in total (£100 for each 3 offences and one £60 admin charge from ZPPS).
However, all three offences occured by the driver , but the letters addressed to me as I am the owner of the car.
All three incidents took place at The Farleys Centre in West Bromwich.

The three notice to keepers are for the following reasons: two for not paying for a parking ticket and one for overstaying.
I asked the driver if that is correct and he reckons he has paid for parking tickets for two offences mentioned but on one occasion - the first offence-he did not pay because the machine was out of order. He took a photo showing machine out of order.

My understanding is this company operates by clicking images of vehicles as it enters and leaves the car park. However, they did not stick any PCN on the vehicles at any stage. Therefore, the driver is oblivious to the fact that he may have commited an parking offence until a notice to keeper is received.

Can someone please advise if there are any grounds for appeal and if it is not too late to do so? How can I go about it, is there any loophole?
I am extremeley worried I might get a letter from the court now for something another driver did and not to mention my credit score may have already been affected!
And the total of £360 is a lot of money for something we are not aware has actually occured!

Please please help? Any suggestions/advice? Thank you

This post has been edited by sally786: Thu, 22 Feb 2018 - 13:22
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post Thu, 22 Feb 2018 - 02:41
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Redivi
post Fri, 9 Mar 2018 - 23:37
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Dear Sir

Ref ****

Thank You for your message

I am not in the habit of having my integrity questioned and have no intention of providing the "evidence" that you have requested

The question is, in any case, irrelevant
You failed to take account of the New Year Bank Holiday and the Notice to Keeper could never have arrived on time whichever address was used

Please do as I have requested and inform ZZPS of my new address so that they do not continue to inconvenience the new occupants of (previous address)

Yours Faithfully


Parking companies aren't allowed to contact the DVLA a second time to look for a new address
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sally786
post Sat, 10 Mar 2018 - 12:11
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QUOTE (Redivi @ Fri, 9 Mar 2018 - 23:37) *
Dear Sir

Ref ****

Thank You for your message

I am not in the habit of having my integrity questioned and have no intention of providing the "evidence" that you have requested

The question is, in any case, irrelevant
You failed to take account of the New Year Bank Holiday and the Notice to Keeper could never have arrived on time whichever address was used

Please do as I have requested and inform ZZPS of my new address so that they do not continue to inconvenience the new occupants of (previous address)

Yours Faithfully


Parking companies aren't allowed to contact the DVLA a second time to look for a new address


Great thanks for that I didn't realise this.
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sally786
post Mon, 12 Mar 2018 - 17:27
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Hi guys
I thought I will share this with. I received a reply from Bank Park via email today, see below:

Good Afternoon,

After reviewing all the information we have, and received, as a good will gesture we are pulling back the contraventions from Debt.

We have updated your address details in accordance to the information you have provided. We have advised ZZPS to cease pursuing the contraventions under your VRM. And have reissued your NTK (Notice to Keeper) by post, at the initial rate to which the letters have been received. If you do not receive them, or wish an email copy after 7 working days, we will be happy to send out an electronic copy to your email.

You would need to respond to these letters in the same manner that you have before.

Please do not hesitate to contact us for any enquiries.

Sincerely,


This post has been edited by sally786: Mon, 12 Mar 2018 - 17:27
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ostell
post Mon, 12 Mar 2018 - 17:55
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If they have reissued the NTK to the correct address then how the heck do they think they can comply with POFA? To late and the details not obtained from the DVLA.
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Redivi
post Mon, 12 Mar 2018 - 18:33
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They issued the NtK to the correct address as far as meeting POFA is concerned because it was the address provided by the DVLA

Their problem is that they issued it too late

Let's wait and see if the NtK mentions Keeper Liability
If it does, the OP can complain to the DVLA
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sally786
post Mon, 12 Mar 2018 - 20:05
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I will wait to see what comes exactly through the post. And yes I agree the issue was them sending it too late , I have pointed this out on both first appeal and the email I sent to them recently but they have ignored this point completely. I think they are just trying their luck! But anyway I will wait to see what comes through first.....
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nosferatu1001
post Tue, 13 Mar 2018 - 09:54
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Of course they ignored it
If they admitted it you really wouildnt ay
Right now you MIGHT pay.
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sally786
post Thu, 15 Mar 2018 - 19:28
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Hi guys

This is what I got today via email:

Good Morning,

Thank you for your recent email.

It is the motorists responsibility to ensure addresses are up to date with the DVLA.

The account has now been passed to QDR Solicitors.

Please forward all future correspondence to them at info@qdrsolicitors.com or contact them directly on 01926 758736.

Thank you,
Jamie


It relates to the first PCN dated 18.12.17 and the same one that they were going to cancel all debt collection for and re-issue to new adddress as mentioned on my post 63.

The previous email received was from some Mr Joe B.S (case administrator). Today's email as above was sent by someone called Jamie. Both email contradict one another but relate to the same PCN.
Are these people idiots or enjoy playing games with motorists? Looks like this Jamie guy is not prepared to inform their agent of my new address and expects me to do it. I suppose if I don't then I could end up having ccjs on my account without me even knowing it as it will be going to my previous address and I wasn't planning on collecting any letters from them again.

This post has been edited by sally786: Thu, 15 Mar 2018 - 20:46
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Redivi
post Thu, 15 Mar 2018 - 22:46
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Dear Jamie

Ref ***

Thank You for your message

I will not contact QDR unless in response to a correctly formatted Letter Before Claim in accordance with the Pre-action Protocol for Debt Claims
I will note other correspondence but will not reply

It is your responsibility to ensure that your debt collectors have a correct current address, not mine

For the avoidance of doubt:

In the event that a claim is issued to my old address that results in a default judgment, I will hold Bank Park Management liable for the full cost of the set aside and any damage to my credit record

Yours Faithfully
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sally786
post Sat, 17 Mar 2018 - 23:13
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QUOTE (Redivi @ Thu, 15 Mar 2018 - 22:46) *
Dear Jamie

Ref ***

Thank You for your message

I will not contact QDR unless in response to a correctly formatted Letter Before Claim in accordance with the Pre-action Protocol for Debt Claims
I will note other correspondence but will not reply

It is your responsibility to ensure that your debt collectors have a correct current address, not mine

For the avoidance of doubt:

In the event that a claim is issued to my old address that results in a default judgment, I will hold Bank Park Management liable for the full cost of the set aside and any damage to my credit record

Yours Faithfully


Hi
Thank you for this. I have added bit more to it as I am fed up with their petty emails. Please see below and let me know what you think so I can amend it accordingly if needed.
Thanks

Dear Jamie

Thank you for your message

I will not contact QDR unless in response to a correctly formatted Letter Before Claim In Accordance with the Pre-action Protocol for Debt Claims.
As I have already mentioned on my two previous correspondences and again for the third and final time, this PCN could not have arrived on time whichever address was used. This is contrary to the requirement 9 (4) of schedule 4 of the Protection of Freedoms Act 2012. You have blatantly ignored this point and are continuously doing so…
I have done my bit and notified you of my new address (which dvla also have) and it is now your responsibility to ensure that your debt collectors have a correct current address, not mine.

This is to ensure future correspondences will reach me as there is no guarantee that they will if they continue to go to the previous address because it is upto the new owners whether they inform me, bin them or send them back! And not to mention so that you do not continue to inconvenience them!

For the avoidance of doubt:
In the event that a claim is issued to my old address that results in a default judgement, I will hold Bank Park Management liable for the full cost of the set aside and any damage to my credit record.

I will be keeping a record of this and all my past and future correspondences with yourselves.
Yours faithfully


This post has been edited by sally786: Sat, 17 Mar 2018 - 23:15
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SchoolRunMum
post Sat, 17 Mar 2018 - 23:18
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Remove this, don't tempt them, and this bit almost sounds friendly, which is not how anyone should write to this scum industry:

QUOTE
This is to ensure future correspondences will reach me as there is no guarantee that they will if they continue to go to the previous address because it is upto the new owners whether they inform me, bin them or send them back! And not to mention so that you do not continue to inconvenience them!


I would not even say:
QUOTE
Thank you for your message


I would say at the start:

'I refer to your message, where you have failed to confirm that you have complied with the DPA principles by updating my address on your own records and/or with your agents. Do I need to involve the ICO to force you to confirm you have?'

This post has been edited by SchoolRunMum: Sat, 17 Mar 2018 - 23:19
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sally786
post Sun, 18 Mar 2018 - 00:04
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QUOTE (SchoolRunMum @ Sat, 17 Mar 2018 - 23:18) *
Remove this, don't tempt them, and this bit almost sounds friendly, which is not how anyone should write to this scum industry:

QUOTE
This is to ensure future correspondences will reach me as there is no guarantee that they will if they continue to go to the previous address because it is upto the new owners whether they inform me, bin them or send them back! And not to mention so that you do not continue to inconvenience them!


I would not even say:
QUOTE
Thank you for your message


I would say at the start:

'I refer to your message, where you have failed to confirm that you have complied with the DPA principles by updating my address on your own records and/or with your agents. Do I need to involve the ICO to force you to confirm you have?'



Hi
Thanks for this. How does this sound now?

Dear Jamie

I refer to your message, where you have failed to confirm that you have complied with the DPA principles by updating my address on your own records and/or with your agents. Do I need to involve the ICO to force you to confirm you have?

I will not contact QDR unless in response to a correctly formatted Letter Before Claim In Accordance with the Pre-action Protocol for Debt Claims.

As I have already mentioned on my two previous correspondences and again for the third and final time, this PCN could not have arrived on time whichever address was used. This is contrary to the requirement 9 (4) of schedule 4 of the Protection of Freedoms Act 2012. You have blatantly ignored this point and are continuously doing so…
I have done my bit and notified you of my new address (which dvla also have) and it is now your responsibility to ensure that your debt collectors have a correct current address, not mine.

For the avoidance of doubt:
In the event that a claim is issued to my old address that results in a default judgement, I will hold Bank Park Management liable for the full cost of the set aside and any damage to my credit record.

I will be keeping a record of this and all my past and future correspondences with yourselves.

Yours faithfully


This post has been edited by sally786: Sun, 18 Mar 2018 - 00:05
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SchoolRunMum
post Sun, 18 Mar 2018 - 00:25
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Yes, looks fine. You will get some bland response but so what really.

If it does eventually go to a claim, we see almost every case won here.
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sally786
post Sun, 18 Mar 2018 - 12:39
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QUOTE (SchoolRunMum @ Sun, 18 Mar 2018 - 00:25) *
Yes, looks fine. You will get some bland response but so what really.

If it does eventually go to a claim, we see almost every case won here.


Great thank you.
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sally786
post Tue, 20 Mar 2018 - 19:02
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Hi guys

This is what I got today by email from Bank Park for my first PCN. Not sure if they are playing games....

Good afternoon

Thank you for your email.

Please be advised, we have been instructed by our client to close this account.

Therefore, you will receive no further correspondence from us or QDR regarding this matter.

Kind regards
Craig

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nosferatu1001
post Wed, 21 Mar 2018 - 07:36
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Keep that one safe!
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sally786
post Wed, 21 Mar 2018 - 16:48
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QUOTE (nosferatu1001 @ Wed, 21 Mar 2018 - 07:36) *
Keep that one safe!


Absolutely, so we can rely on it for later if needed.
Just another two pcn to go......
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