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Goldfish33
This is my first time to use this forum. I hope I am putting enough information to get any advice.

The history of events.
- The driver overparked at a retail car park in May, where the max was 3 hrs, which I hadn't known.
- Received a Charge Notice from TPS in June.
- Replied to them using a template letter I found from parkingcowboys website (PCN complaint version v 2-1)
- Received another Charge Notice a couple of weeks ago (almost identical to the 1st one except for removing the wording of 'FINAL REMINDER - LEGAL ACTION PENDING on top)
- Received a reply from TPS rejecting my representation, together with a POPLA form.

I am ready to do the POPLA appeal, but my husband is worried, in case this should go to debt collecting agenty, as we are supposed to remortgate our house later this year.

I would appreciate if somebody can let me know whether there is a chance that a debt collecting agency may be involved and what I should do in this situation.
I am hoping that I can get some help from this forum later on the POPLA appeal, though.

Many thanks in advance.
I look forward to any advice.

Goldfish33
ManxRed
A Debt Collection Agency has no powers at all to influence a credit rating, and hence cannot possibly influence a mortgage application.

Only (a) a company with which you've entered into some kind of credit/loan arrangement or (b) a company which takes you to court to establish a debt, wins, and then you still refuse to pay can influence your credit rating.

A Debt Collector isn't (a) and can't be (b) as they are a third party agent so cannot take action against you. Besides, you'd know if someone took you to court and you lost. AND you could still pay the judgement.

Appeal to POPLA, you have nothing to lose.
Broadsword
QUOTE (Goldfish33 @ Mon, 22 Jul 2013 - 14:15) *
- Overparked at a retail car park in May, where the max was 3 hrs, which I hadn't known.
- Received a Charge Notice from TPS in June.


Did you receive the Notice within 14 days of the alleged contravention?
Goldfish33
@ManxRed, thank you very much for your quick reply. I will tell my husband.

@Broadsword, I received the Notice almost a month later from the initial event. The Notice was dated 19 days after the event and I actually received the letter 29 days later from the event.
Does this matter?
ItchyCrakus
If there was no ticket attached to the car at the time of the event, then they have messed up. If there was a ticket attached to the car then they have messed up even more.

They have messed up.

Broadsword will love this one.
Goldfish33
What is 'ticket'? Is it a separate document than Charge Notice?
Charge Notice has pictures of my car, alledgedly coming in and coming out of the car park.
Those 2 Charge Notices that I have received came on their own both times.
ItchyCrakus
A ticket is a piece of paper that a human attaches to your vehicle to let you know that you have contravened their rules.

You didn't get one by the sound of it and the first communication you got should have been on your doormat within 15 days of the alleged incident. It didn't by the sound of it, so this shower cannot impose the POFA to hold the Registered Keeper of the vehicle "Liable" for the PCN.

If they don't know who was driving, then you are almost certainly in the clear.

However Mr Broadsword will be along to give you a stiff one for the DVLA and TPS.
Broadsword
In your appeal (taken from Parking Cowboys website) to TPS did whoever wrote that appeal give any indication as to who the driver was at the time of the alleged contravention?
oldstoat
The ticket would be a piece of paper in a plastic wallet, highly coloured, so the driver could see it. This is also called a speculative invoice by people on here, as that is all it is. It is not the same as a ticket issued by a council, even though it may look like one. The PPC has to follow a set of dates, if they attach a ticket/invoice to the car. They also have to follow a set of deadlines if the send a ticket in the post. If they fail to adhere to the deadlines, they have shot themselves in the foot and cannot pursue th registered keeper under the protection of freedoms act. Others will assist in wording a letter that can shut this down
Goldfish33
Thanks for everyone. Sounds very positive.

@Broadsword, The letter I sent did not mention who the driver was.

The letter starts like this;
"On [date] I was the registered keeper of [....]"

And, it has the below paragraph.
"The copies of the photographs that you have provided along with the Charge Notice merely show my vehicle entering and leaving the car park but do not show the actual alleged parking contravention on which your Parking Charge Notice has been issued. Please therefore provide me with copies of all photographs that evidence the actual alleged parking contravention itself"

Is it okay? Good chance to win at POPLA?
Broadsword
QUOTE (Goldfish33 @ Mon, 22 Jul 2013 - 16:01) *
Thanks for everyone. Sounds very positive.

@Broadsword, The letter I sent did not mention who the driver was.

The letter starts like this;
"On [date] I was the registered keeper of [....]"

And, it has the below paragraph.
"The copies of the photographs that you have provided along with the Charge Notice merely show my vehicle entering and leaving the car park but do not show the actual alleged parking contravention on which your Parking Charge Notice has been issued. Please therefore provide me with copies of all photographs that evidence the actual alleged parking contravention itself"

Is it okay? Good chance to win at POPLA?


I'll drop you a PM and we'll take it from there
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