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Hi,
Thank you in advance for any advice received.
There was a NTK that was received on 26th Jan 2019. For an alleged 'breach of terms and conditions of use' (parked without payment of the parking charge) on the 28/08/2018. On their letter includes vague images but non of where the ticket would likely be placed. The location of the alleged notice is spelt wrong but can assume it is that location.
Following advice on here, a letter was sent to the parking company via recorded delivery on the 28/01/2019...
" Dear Sir / Ma’am
Parking Charge Notice: ************* *************
I am the keeper of vehicle ************* and in receipt of your Notice to Keeper *************
The notice fails to comply with 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 contrary to section 9 (4). The notice was posted on the 22/01/19, and by virtue of 9 (6) it can be assumed to have been delivered on 26/01/19, some 152 days after the alleged breach on the 27/08/18.
I, as the keeper, cannot therefore be held liable for the actions of the driver at that time. I am under no legal obligation to identify the driver and I will not be doing so.
I do not expect to hear from you again other than to confirm that there will be no further action against me on this matter and my details have been removed from your files.
Yours sincerely
Owner
There has since been a new letter received from the parking company on 07/02/19...
"Thank you for your recent letter received on *******
In response to your comment made in your letter, please note notices only need to be issued within 14 days if the notice issued mentions "under Protection of Freedoms Act". According to British Parking Association (BPA) guidelines, the maximum permitted time to notify the registered keeper is no more than 28 days after receiving keeper data from DVLA which takes no more than 35 days. Once we receive the registered keepers information we issue a notice to the customer, and in our documentation, we are able to work in accordance with the BPA code of practice (June 2013) which states that we have up to 28 days to deliver a postal PCN from the date of the contravention.
In order for us to investigate further into this case, we would require you to send a copy of proof from of payment such as ticket, receipt or bank statement if paid by card.
Please can you send the correct information with full name and address within 14 days of the date of this letter to - ADDRESS OF COMPANY
We must advise your case is not on hold as we were not aware of the case reference number and it will continue to progress to the next stage until we hear back from you, this may lead to additional charges being incurred as per the British Parking Association (BPA) guidelines.
Yours Faithfully... "
What should I now do next? All help is greatly appreciated.
Thanks
ostell
Thank you in advance for any advice received.
There was a NTK that was received on 26th Jan 2019. For an alleged 'breach of terms and conditions of use' (parked without payment of the parking charge) on the 28/08/2018. On their letter includes vague images but non of where the ticket would likely be placed. The location of the alleged notice is spelt wrong but can assume it is that location.
Following advice on here, a letter was sent to the parking company via recorded delivery on the 28/01/2019...
" Dear Sir / Ma’am
Parking Charge Notice: ************* *************
I am the keeper of vehicle ************* and in receipt of your Notice to Keeper *************
The notice fails to comply with 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 contrary to section 9 (4). The notice was posted on the 22/01/19, and by virtue of 9 (6) it can be assumed to have been delivered on 26/01/19, some 152 days after the alleged breach on the 27/08/18.
I, as the keeper, cannot therefore be held liable for the actions of the driver at that time. I am under no legal obligation to identify the driver and I will not be doing so.
I do not expect to hear from you again other than to confirm that there will be no further action against me on this matter and my details have been removed from your files.
Yours sincerely
Owner
There has since been a new letter received from the parking company on 07/02/19...
"Thank you for your recent letter received on *******
In response to your comment made in your letter, please note notices only need to be issued within 14 days if the notice issued mentions "under Protection of Freedoms Act". According to British Parking Association (BPA) guidelines, the maximum permitted time to notify the registered keeper is no more than 28 days after receiving keeper data from DVLA which takes no more than 35 days. Once we receive the registered keepers information we issue a notice to the customer, and in our documentation, we are able to work in accordance with the BPA code of practice (June 2013) which states that we have up to 28 days to deliver a postal PCN from the date of the contravention.
In order for us to investigate further into this case, we would require you to send a copy of proof from of payment such as ticket, receipt or bank statement if paid by card.
Please can you send the correct information with full name and address within 14 days of the date of this letter to - ADDRESS OF COMPANY
We must advise your case is not on hold as we were not aware of the case reference number and it will continue to progress to the next stage until we hear back from you, this may lead to additional charges being incurred as per the British Parking Association (BPA) guidelines.
Yours Faithfully... "
What should I now do next? All help is greatly appreciated.
Thanks
ostell
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