Final Reminder as first contact +14 days Options

[wilsongrey]

Hi all,

First parking ticket received from Britannia Parking. It was addressed to my OH (registered keeper).

Letter is attached.

We would like to appeal as the driver paid the parking fee. But there are other issues as well...

Britannia Parking have not informed us of the following;
Why the PCN was issued originally (overstay, wrong reg, outside of bay etc)
They have not given us a first reminder, or any requests for who was driving the vehicle at the time
How much is actually owed - apparently it will increase to £160, but from what amount?

We have not had any contact from Britannia Parking regarding this charge up until now. There are definitely more than 14 days between the alleged 'contravention' and this notice. Does the 14 day rule apply here? (ANPR parking).

Any help is appreciated.



This post has been edited by wilsongrey: Thu, 17 May 2018 - 09:33

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[Jlc]

Is it definitely an ANPR site? You could find out from the DVLA when the keeper details were accessed. (If it was an ANPR site then they'd have to access pretty sharpish to meet the 14 day requirement for keeper liability. Otherwise, they have to wait 28 days from a ticket on the car before accessing, and deliver with 56)

Britannia don't do court but I still wouldn't ignore it.

[wilsongrey]

Is it definitely an ANPR site? You could find out from the DVLA when the keeper details were accessed. (If it was an ANPR site then they'd have to access pretty sharpish to meet the 14 day requirement for keeper liability. Otherwise, they have to wait 28 days from a ticket on the car before accessing, and deliver with 56)

Britannia don't do court but I still wouldn't ignore it.

Yes - definitely ANPR. Keeper details requested from DVLA on 7th April 2018. Initial notice sent on the 13th April 2018.

[Steve_999]

You say that is the first (and only?) communication received.

Where did you get the date of the initial notice if you haven't received it? Have you contacted Britannia and got the details? If so, I suggest you post up details of all correspondence and, whatever you do, don't telephone them!
If you haven't contacted them, don't do that without taking advice from the forum.

[wilsongrey]

You say that is the first (and only?) communication received.

Where did you get the date of the initial notice if you haven't received it? Have you contacted Britannia and got the details? If so, I suggest you post up details of all correspondence and, whatever you do, don't telephone them!
If you haven't contacted them, don't do that without taking advice from the forum.

I contacted Britannia by phone and informed them this was the first communication that had been received. They have extended the 'period' by 30 days and resent the first notice. It was during this 'call that I asked when they requested the details from the DVLA and when they sent out the initial notice.

Was very cautious on the phone having read the advice re not revealing who the driver was etc.

[ostell]

So... the breach was the 27th March, the first letter was sent 13th April, a Friday. The act presumes that a Notice to keeper is received 2 working days after issue. As the issue was a Friday then it is assumed that the date of delivery is not until the following Tuesday, the 17th.

So a simple BOGOFF (search it) letter to them pointing out 9 (4) (b) and 9 (6), as well as the usual stuff. Make sure they know that the issue date wasa a Friday and therefore delivery not assumed until the following Tuesday. No keeper liability so no hinting about the driver. Post it on here first before sending.

[wilsongrey]

So... the breach was the 27th March, the first letter was sent 13th April, a Friday. The act presumes that a Notice to keeper is received 2 working days after issue. As the issue was a Friday then it is assumed that the date of delivery is not until the following Tuesday, the 17th.

So a simple BOGOFF (search it) letter to them pointing out 9 (4) (b) and 9 (6), as well as the usual stuff. Make sure they know that the issue date wasa a Friday and therefore delivery not assumed until the following Tuesday. No keeper liability so no hinting about the driver. Post it on here first before sending.

First draft below. A few bits of advice needed, who do I sign the letter as? What do you mean by 'the usual stuff'? Thanks in advance.

Ref:

Dear Sir/Madam,

You have contacted us regarding the above reference number, in which you claim a parking charge is owed by ourselves. I also reference a call made to your representative on the 17th May 2018. In which your agent informed me that in regards to the above reference number, a request was made to the DVLA on the 7th April 2018 and the initial notice was sent on the 13th April 2018. Your agent also acknowledged that the initial notice had not arrived and advised that the initial letter would be resent by first class post on the 17th May 2018, to arrive by the 19th May 2018.

We would point out that under sections 9 (4) (b) of the Protection of Freedoms Act 2012, the notice must be sent by post to a current address for the keeper so that it is delivered to that address within the relevant period. The relevant period being 14 days beginning with the day after that on which the specified period of parking ended. As your notice was initially sent on Friday 13th April 2018, assuming 2 postal days (Protection of Freedoms Act 2012 9 (6)) for the notice to be delivered, I would point out that your notice would not have arrived until Tuesday 17th April at the earliest. This is a period of 21 days from the date after the alleged contravention and therefore outside of the 14 days as required.

I await your written confirmation that this matter is now closed.

Yours faithfully,

This post has been edited by wilsongrey: Thu, 17 May 2018 - 12:26

[ostell]

You have contacted me, the registered keeper .....

..... assuming 2 working days..........


I am under no legal obligation to name the driver at the time of the event I will not be doing so. I do not expect to hear from you again about this matteer save as to confirm that there will be no further action taken against me.

[wilsongrey]

Update: Received a letter from 'debt recovery ltd' saying that our case had been referred to them as we hadn't paid britpark. During the 'phone call which I referred to in the above, the agent told me that they would extend the period in which to pay the fine (and therefore the period in which to appeal) by 28 days. 28 days had not passed before the Debt recovery ltd became involved.

Sent the following e-mail to britpark;

You have contacted me, the registered keeper regarding the above reference number, in which you claim a parking charge is owed by ourselves. I reference a call made to your representative on the 17th May 2018, in which your agent informed me that in regards to the above reference number, a request was made to the DVLA on the 7th April 2018 and the initial notice was sent on the 13th April 2018. Your agent also acknowledged that the initial notice had not arrived and advised that the initial letter would be resent by first class post on the 17th May 2018, to arrive by the 19th May 2018. This letter arrived by the 19th May 2018 however the date of the notice had not changed and still stated that the first notice was issued on the 13th April 2018. This is not the case.
Regardless of the above, we would point out that under sections 9 (4) (b) of the Protection of Freedoms Act 2012, the notice must be sent by post to a current address for the keeper so that it is delivered to that address within the relevant period. The relevant period being 14 days beginning with the day after that on which the specified period of parking ended. As your notice was initially sent on Friday 13th April 2018, assuming 2 working days (Protection of Freedoms Act 2012 9 (6)) for the notice to be delivered, I would point out that your notice would not have arrived until Tuesday 17th April at the earliest. This is a period of 21 days from the date after the alleged contravention and therefore outside of the 14 days as required.
I am under no legal obligation to name the driver at the time of the event and I will not be doing so. I do not expect to hear from you again about this matter save as to confirm that there will be no further action taken against me.
I await your written or emailed confirmation that this matter is now closed.

Yours faithfully,

----------------

The reply;

The terms and conditions of the car park detail that your information may be requested and shared with the BPA, DVLA , debt recovery agents and solicitors.
The Final reminder that was sent to you also advises, “If this notice is ignored, further action may be taken including instruction of debt collection agencies, solicitors and or court proceedings, all of which will incur further costs. To avoid further unnecessary costs or actions please pay the Parking Charge within the aforementioned time period.”
Britannia Parking laid clear the terms and details of our appeals process and payment to resolve this Parking Charge Notice, and cannot be held responsible for postal correspondence remaining unread.
As this PCN has been passed to Debt Recovery, a separate company from our own, Britannia Parking have no further comments to add regarding this PCN and consider this matter to be out of our hands.
Please refer all future correspondence to Debt Recovery.

-------------------

Does anyone have any advice?

[Redivi]

We normally advise ignoring DRP but you could send :

Dear Sir

Ref ****

I have received your letter dated ****

Your client has already acknowledged that it failed it serve a valid Notice to Keeper in accordance with The Protection of Freedoms Act

The matter is therefore closed

The content of any other correspondence from your company will be noted but I will not reply

Yours Faithfully

[wilsongrey]

We normally advise ignoring DRP but you could send :

Dear Sir

Ref ****

I have received your letter dated ****

Your client has already acknowledged that it failed it serve a valid Notice to Keeper in accordance with The Protection of Freedoms Act

The matter is therefore closed

The content of any other correspondence from your company will be noted but I will not reply

Yours Faithfully

Thanks for the quick response. Do you advise sending this to the DRP or Britpark?

[kommando]

DRP, Britanna are the client.

[wilsongrey]

Hi,

This has reared it's ugly head again - this time the registered keeper has received a letter from BW Legal. Stating county court threats etc.

No response from britpark or DRP on the above communication re being outside the 14 day period.

Any advice greatly appreciated.

Cheers

[Redivi]

What was the parking notice issued for ?

[cabbyman]

It may be useful to contact DVLA and find out when Britpark originally applied for RK details.

SubjectAccess.Requests@dvla.gsi.gov.uk

Others will advise regarding BWL.

[wilsongrey]

It may be useful to contact DVLA and find out when Britpark originally applied for RK details.

SubjectAccess.Requests@dvla.gsi.gov.uk

Others will advise regarding BWL.

They originally accessed the RK details on the 7th April. The first notice was sent on the 13th April. They told me during a phonecall after I received the final reminder as first contact.

What was the parking notice issued for ?

'failing to make proper payment'

[cabbyman]

Did Britpark tell you those dates? Ask the DVLA anyway. PPCs are known to be economical with the truth very, very occasionally!

[Redivi]

'failing to make proper payment'

So what do you think that means because your original post says that the driver paid ?

Overstayed ?
Didn't pay quickly enough ?
Paid the wrong tariff eg should have paid for a van ?
Paid for the wrong car park ?
Didn't enter the correct registration number when making the payment ?

They don't all require the same response to BWL