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NtK and providing drivers details
anna7721
post Sun, 28 Jan 2018 - 22:05
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Hi,

I have recently received a Notice to Keeper issued by ZZPS which acts on behalf of Key Parking solutions. I appealed against it as the NtK was issued more than 56 days after the alleged contravention, according to PoFA legislation.

They emailed me saying that 'PoFA is only a requirement for enforcing keeper liability when alternative driver details are provided' (whatever that means). They are asking me to provide driver details.

My question is, is there any legislation saying that I have to provide the drivers details or would it be my 'good will' if I do so?

I am unsure what I should reply and how appealing to PoPLA would work

Any help would be much appreciated.

Thanks

This post has been edited by anna7721: Sun, 28 Jan 2018 - 22:22
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post Sun, 28 Jan 2018 - 22:05
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SchoolRunMum
post Mon, 9 Apr 2018 - 22:23
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QUOTE (emanresu @ Mon, 29 Jan 2018 - 08:19) *
KPS are a BPA member. Did you get a POPLA code from ZZPS following your appeal. If not complain to the British Parking Association at aos@britishparking.co.uk.

Add the question "is it a requirement to name to driver to get a POPLA code?" and see what they come back with.

Did you do the above? Normally the BPA sort out lack of POPLA codes quite quickly.

This is easy to handle and easy to win at POPLA, and there will be no court.

We assume you got no POPLA code when your appeal was first rejected in January?
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anna7721
post Sun, 6 May 2018 - 15:03
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Hi everyone,

I emailed QDR before saying : Your client issued the notice to keeper 60 days after the alleged contravention. According to PoFA, your client has 56 days to do so. Therefore, I believe your client has no legal basis to pursue me, the registered keeper, any further.
They have also failed to issue a PoPLA code which would enable me to appeal and the communication with them did not bear any fruit. I emailed them on two occasions and did not receive a response.



To which their response was : In light of the comments you have made, we have referred this matter to our client, and will return to you in due course, the above account has been placed on hold during this time.

Should you wish to discuss this matter further, please contact us on any of the methods provided below


Followed by :Our clients have informed us that they had requested the driver details from yourself previously which you rejected at the time and advised you would appeal against the charge,

Although, you were requested to specify the basis of your appeal, no further correspondence has been received from you which eventually resulted in this matter being passed for recovery activities.

Our clients have therefore confirmed this Parking Charge Notice stands and can only be closed in settlement of your liability, it is balance is paid in full.


There's no reference to the PoFA, or the fact that Key Parking Solutions didn't stick to their statuatory 56 days.
Any idea of how I could respond to this ? Or is there no point ?

Thanks

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ostell
post Sun, 6 May 2018 - 19:46
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Report them to the BPA. They should follow up and you will get a POPLA code
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anna7721
post Sun, 6 May 2018 - 20:25
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I already have, over 2 months ago, never heard back sad.gif
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ostell
post Sun, 6 May 2018 - 21:15
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OK. Just sit tight and see where they take it next. POFA failure and no driver ID leaves them not a lot.
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SchoolRunMum
post Sun, 6 May 2018 - 21:28
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QUOTE (anna7721 @ Sun, 6 May 2018 - 21:25) *
I already have, over 2 months ago, never heard back sad.gif

BPA always reply to emails IMHO.

Did you not send it to aos@britishparking.co.uk ? If not, do so now and prove the fact you appealed and when (attach a screenshot).
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anna7721
post Sun, 6 May 2018 - 21:49
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QUOTE (SchoolRunMum @ Sun, 6 May 2018 - 22:28) *
QUOTE (anna7721 @ Sun, 6 May 2018 - 21:25) *
I already have, over 2 months ago, never heard back sad.gif

BPA always reply to emails IMHO.

Did you not send it to aos@britishparking.co.uk ? If not, do so now and prove the fact you appealed and when (attach a screenshot).



I did, they asked for a copy of my correspondence with Key Parking Solutions, I sent them everything 2 months ago and never heard back. Emailed them again about a month ago to check but never got a response.
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SchoolRunMum
post Sun, 6 May 2018 - 22:27
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Email them again and say you didn't complain to be ignored, and show them the latest letters you are getting.

Say you will go to your MP and are utterly unimpressed by the BPA taking no action whatsoever to make sure you got your POPLA code.
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anna7721
post Mon, 4 Jun 2018 - 09:09
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This is the email i got from them the other day. Can anyone make sense of any of it?


We note you are advising the Parking Charge Notice (PCN) was not served to you within the timeframe required under Protection Of Freedoms Act (POFA). However, when you received the initial PCN, you had every opportunity to appeal or pay the charge or inform the operator of the driver’s details within the time stipulated in their initial notice and resolve the matter directly with them.
As this matter progressed to recovery stage, we are only instructed to pursue you for the above balance. We confirm we are not mandated to transfer lability to the driver, as it is only the car park operator who can consider this, had the request been made to them in time.

They have therefore confirmed they have no cause of action against the driver, if it was not yourself. They have reasonable cause to believe the parking event on the day breached their parking terms and conditions and that you remain liable to this PCN.
Your file will remain on hold for 14 days to allow you time make payment of the above balance, before we proceed with further actions.
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ManxRed
post Mon, 4 Jun 2018 - 09:19
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Who sent you that?


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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anna7721
post Mon, 4 Jun 2018 - 09:21
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QDR
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ManxRed
post Mon, 4 Jun 2018 - 09:30
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That makes sense, given that most of it is meaningless b*ll*cks.

Mandated to transfer liability to the driver? laugh.gif

The driver is liable from the outset. They have to follow legislation to make the Keeper responsible for the driver's liability. They've failed to follow the legislation. Therefore, the driver is still liable. The keeper, isn't.

They seem to have a problem grasping that, but what do you expect from some youth trainee from a Debt Collection company pretending to be a solicitor?

You need to chase the BPA.

This post has been edited by ManxRed: Mon, 4 Jun 2018 - 09:34


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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anna7721
post Mon, 4 Jun 2018 - 09:38
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Thanks
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