Past appeal date on ticket, Private parking ticket appeal Options

[Helpmeplease!!]

Hello,

I recieved a ticket on private land recently. I’ll attach my emails below which I sent to the company, however to give a brief description. I knew they had sent the ticket three times late in accordance to the BPA law. However, (hypocritically) I was told that I had sent my appeal to this company too late & that I was now forced to pay the inflated charge of £100. They’re sending automatic emails back which say that I can no longer appeal, and that without payment in 14 days then debt collectors will be involved. Any help to what I can do would be great, thanks a lot. Here is the email I sent:

I dispute your 'parking charge notice’, as the keeper of the vehicle as you have breached the BPA codes of practice. There will be no admissions as to who was driving and no assumptions can be drawn.

The date of event ‘recorded on Notice To Keeper’ was 14/09/2019 and the date of issue ‘recorded on Notice To Keeper’ is 22/10/2019. Equating to 38 days between the contravention occurring and the notice printed. However, this letter was not received by the registered keeper until 27/10/2019, this being 43 days from the contravention being detected.

As Ipserv operates in association with BPA (British Parking Association), they shall comply with BPA's code of practice. Ipserv have acted in breach of the BPA code of practice, see below (referring to Schedule 4 of POFA 2012) in particular section 6.2:

Guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges



Section 6. Ticketing



6.1 When a parking contravention is detected, a landholder may place a ticket on a vehicle or give it to the driver at the time of the contravention. In these circumstances the landholder must wait 28 days after which, if there is no response, he/she may submit a request to the Driver and Vehicle Licensing Agency (DVLA) for details of the vehicle's registered keeper. He/she may then write to the registered keeper to seek details of the driver or payment of the parking charge.



6.2 Where a contravention is detected remotely (such as by cameras), the landholder may request registered keeper data from the DVLA immediately and must write to the registered keeper within 14 days seeking details of the driver or payment of the parking charge.



It clearly states, the registered keeper must be contacted with 14 days of a contravention being detected where cameras are used, for either details of the driver or payment of the parking charge. Since this parking charge notice was received by myself, the registered keeper, 43 days (more than 3 times longer than the required time period). I as the registered keeper therefore accept no liability to make the requested payment of £100.

If this appeal is not successful, I request information regarding how to further appeal to the independent appeals service (Parking on Private Land Appeals) is provided, along with a unique reference number as mentioned in the letter received.

Note: Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data/dispute appeal remains the current address for service in the future.

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[ostell]

Forget the BPA code of Pre thise ( it's not law) and look at Schedule 4 of The Protection of Freedoms Act 2012, which is law. http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

If there was a windscreen ticket they must deliver the NTK between day 28 and 56. It's only without a windscreen ticket that they must deliver within 14 days. Paragraph 8 and paragraph 9

Post up the NTK, suitably redacted but leave dates

[The Rookie]

You've got far to much erroneous knowledge there, suggest you read a few threads and correct yourself... a quick few

'BPA law' - no there is the BPA Code of Practice and the Protection of Freedoms Act 2012 which are two totally different things

contravention - no that's for civil penalties issued by authorities, this is a breach of a contract term

Landholders cannot obtain keeper details, only a parking company that is a member of an approved trade association can do that (although in a very few cases that's the same entity, generally it is not

The Notice to Keeper (presumably what you call a 'ticket') only has to be served on a registered keeper within certain time limits, if you are NOT the RK (e.g., lease, hire cars or on certain finance where the finance co are the RK) it doesn't apply. Also if the RK address at DVLA was out of date then that's not the parking companies fault either.

IPSERV cases usually involved a screen Notice to Driver which means the Notice to Keeper has to be served between days 28 and 56 anyway, was there a windscreen Notice To Driver?

If your appeal to them was late, they didn't have to offer POPLA.

Your poor quality of research before contacting them makes you look an easier victim.

To attach images read the FAQ.

This post has been edited by The Rookie: Wed, 4 Dec 2019 - 06:27

[Helpmeplease!!]

Forget the BPA code of Pre thise ( it's not law) and look at Schedule 4 of The Protection of Freedoms Act 2012, which is law. http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

If there was a windscreen ticket they must deliver the NTK between day 28 and 56. It's only without a windscreen ticket that they must deliver within 14 days. Paragraph 8 and paragraph 9

Post up the NTK, suitably redacted but leave dates

Hello, thanks for the reply. There was not a windscreen ticket, only photographic evidence. I‘be posted up the NTK letter. But does it mean I’m ****** either way because I am too late to appeal?

Attached thumbnail(s)

 

[ostell]

So send in your appeal anyway:

Dear Sirs,

I have just received 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 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and 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

First class post, with free certificate of pisting from a post office

There are other POFA fails in there if it gets further