Highview Parking - NTK, help required please.....

[mr_dimwit]

We received a NTK for overstaying at a Highview Parking car park (see 1.NTK.pdf)
We then sent a letter based on a template found on www.parkingcowboys.co.uk (see 2. Response to NTK)
We then received the letter asking us to submit details of the driver (see 3. letter requesting driver ID)

Q1: How should we respond
Q2: Are we required to provide this?

Thanks in advance for your help.....

[ostell]

You do not respond, they are fishing. There is no legal requirement to name the driver.

That NTK, at least the first page, does not conform to the requirements of POFA, several items are missing, so they cannot hold the keeper liable, only the unknown driver. Which is why you, as the keeper, got that letter. It would help to gave the dates.
I
Why oh why do people put "Without Prejudice" on simple letters? There is no offer made in the letter and you want to retain the ability to show the letter to a judge to show how reasonable you have been.

PS the driver was still parking even tnothough they did not get out of the car

[mr_dimwit]

Thanks Ostell, thats really helpful, the date was 23rd Nov and the NTK dated 30th Nov so issued within the 14 days.

[ostell]

OK Here's POFA Look at paragraph 9. 9 (2) defines all the statements that MUST be in the NTK in order to hold the keeper liable. Just go down them one by one and see what is missing. Without the correct wording there can be no keeper liability. Unless the words are on the reverse.

So when you get your POPLA code you list all the items missing from the NTK, plus asking for a copy of the contract (and not a witness statement saying one exists).

Come back here with your POPLA appeal for critique before you send.

It's too late now but this is what I would have sent on the initial appeal.

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 give notice of keeper liability as prescribed by section 9 (2) (f) 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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

[mr_dimwit]

Hello
They have now reissued the attached as a reminder and do not appear to have taken our original appeal letter into account now with :

1. The full amount payable
2. Threatening to recover the debt , which could incur further charges.

We've looked at 9(2) and it appears to contain all the information required/specified

Any help would be appreciated

Thanks

[ostell]

It's no wonder they didn't respond to that appeal. Write to them and remind them that they have not yet responded to your appeal, other than requesting the driver details, and where is the POPLA code that they are required to issue if your appeal has been rejected.

You certainly have not looked carefully at 9 (2) as the required statements are certainly not there. 9 (2) (f) certainly isn't, nor 9 (2) (e), unless it is on the reverse.

[mr_dimwit]

We issued a letter ( image_33656.pdf ) advising them they have not yet responded to our appeal letter and yet again received a follow up ( ) ...should I now issue the following...

Dear Sirs,

I have just received your letter dated reference XYZ:

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 give notice of keeper liability as prescribed by section 9 (2) (f) 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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

[ostell]

As youo have already appealed then just sit tight and see what they do.

[mr_dimwit]

Thanks again Ostell

[mr_dimwit]

They now seemed to have ignored the appeal and where it was on hold (online) now no longer appears to be. so they have now issued the attached with further penalties yet officially failed to reject the appeal and offer the POPLA code - what next?

Do I write to them outlining they need to follow due procedure and if they are rejecting the original appeal, re-request the POPLA code?

[ostell]

So you write to them and remind them that they failed to respond to your appeal on the xxxxxx where you showed that they have failed to invoke any keeper liability. The further letters you are receiving when there is no liability are now harassment and remind them to look at Ferguson v British Gas.

[mr_dimwit]

So you write to them and remind them that they failed to respond to your appeal on the xxxxxx where you showed that they have failed to invoke any keeper liability. The further letters you are receiving when there is no liability are now harassment and remind them to look at Ferguson v British Gas.

Issued the letter as per your recommendations and just received a letter to say they have cancelled the charge and will not be taking it any further, result !
BIG thanks Ostell really appreciate your help !