Returned from 2 month holiday to a Parking Ticket Charge from Total Car Parks

[LandingZone]

Hello all,

As the title says I have just returned to my family home from a 2 month holiday, to find out my vehicle has been 'In breach of parking conditions' at Haven Marina. The car park is operated by Total Car Parks, and in order to park there, you have to display a permit.
On the 27/03/19, according to the operator, the driver didn't display my permit. No ticket was left on my car that day, instead a letter received on the 02/04/19 saying the driver had 'parked without a valid ticket or permit'. I was on holiday at this point so wasn't aware of this contravention.
Then on the 18/04/19 a second letter was sent calling for 'Action Required Now' and it being the 'final warning before further action is taken' (see pictures), again I was on holiday at this point, unaware of these letters.
On the 03/05/19 I received a letter from Dept Recovery Plus (see pictures), I was still on holiday when this letter arrived at my house. Finally on 23/05/19 another letter was received by Debt Recovery Plus saying if I haven't replied by 06/06/19 they will refer the charge back to Total Car Parks with a recommendation that they take court action against you (see pictures).

Today is 29/05/19 and this is the first time I've seen these letters. What should I do? I left home with no knowledge of breaking any rules and have returned home to what seems like a chain of events fairly far down the chain.

Any advice is much appreciated, thank you.

[Setmefree3]

Amethyst Can someone edit out personal details for poster

[LandingZone]

Amethyst Can someone edit out personal details for poster

I'm a wally but have just covered all the personal details now.

[Setmefree3]

charitynjw is good at giving advice on these sort of matters. I have tagged in for you.

[ostell]

The DRP letters can be ignored as they are simply debt collectors

Edit your first post so that the identity of the driver cannot be inferred.

What I presume to be the first letter does not comply with the requirements of POFA and therefore the keeper cannot be held liable. Look at what is missing in the letter compared to paragraph 9 of the act

[charitynjw]

Hi
As ostell says, DRP can be safely ignored.
They are toothless 3rd party chancers. (Notice how the alleged sum owing shoots up!)
Could you confirm that the driver (on the alleged contravention date) has not been ID'd? (It's important not to do so, so please edit posts as necessary.)
I reckon you're in with a better than even chance of beating this, but could you answer the above questions first?

[LandingZone]

Hi
As ostell says, DRP can be safely ignored.
They are toothless 3rd party chancers. (Notice how the alleged sum owing shoots up!)
Could you confirm that the driver (on the alleged contravention date) has not been ID'd? (It's important not to do so, so please edit posts as necessary.)
I reckon you're in with a better than even chance of beating this, but could you answer the above questions first?

No Total Car Parks don't know who the driver was that day. I believe they went through the DVLA to find who the registered keeper is, but don't know who the driver was.

What do you mean by 'Its important not to do so, so please edit posts as necessary'?

One thing I forgot to add was, I do have a permit to park there, I just forgot to display it that day. I'm not sure if this is important but just thought I'd add it.

Whats the next step?

I really appreciate your help, thank you.

[LandingZone]

charitynjw is good at giving advice on these sort of matters. I have tagged in for you.

Thank you very much

[LandingZone]

The DRP letters can be ignored as they are simply debt collectors

Edit your first post so that the identity of the driver cannot be inferred.

What I presume to be the first letter does not comply with the requirements of POFA and therefore the keeper cannot be held liable. Look at what is missing in the letter compared to paragraph 9 of the act

Okay I'll ignore them.

Where in my first post can the drivers ID be inferred? I thought I covered all the pieces of personal information.

How doesn't it comply with POFA? What's missing? I have read POFA but couldn't work out what you meant.

Apologies if I'm being a little stupid.

I appreciate your help, thank you.

[charitynjw]

No Total Car Parks don't know who the driver was that day. I believe they went through the DVLA to find who the registered keeper is, but don't know who the driver was.

What do you mean by 'Its important not to do so, so please edit posts as necessary'?
It has been known that parking co's trawl through various forums, looking for threads/posts which can reveal info.
One company used a screenprint of a thread as evidence in court.
Best not to potentially give a heads-up.

One thing I forgot to add was, I do have a permit to park there, I just forgot to display it that day. I'm not sure if this is important but just thought I'd add it.
Yep, it's important.
Does your firm keep a 'white list' of vehicles/reg no's?

Whats the next step?

I really appreciate your help, thank you.

Wait for the final final warning? lol!
Before they can take enforcement action, they ought to send a pre-action protocol letter & accompanying pack for you to complete & return.
Given the sheer numbers of PCNs these firms issue, it would be close to impossible to bring everyone to court.
If it were me I'd wait to see what their next move is, if any.
& continue to ignore DRP & their ilk.

[Setmefree3]

Okay I'll ignore them.

Where in my first post can the drivers ID be inferred? I thought I covered all the pieces of personal information.

How doesn't it comply with POFA? What's missing? I have read POFA but couldn't work out what you meant.

Apologies if I'm being a little stupid.

I appreciate your help, thank you.

I think your first post meant to say that the vehicle you own was parked in the said place, but you weren’t the driver at that time.

As the title says I have just returned to my family home from a 2 month holiday, to find out I have been 'In breach of parking conditions. The car park is operated by Total Car Parks, the letter received states in order to park there, you have to display a permit.

On the 27/03/19, according to the operator. I had 'parked without a valid ticket or permit'. The letter I received was dated 2/4/19. I was on holiday at this point so wasn't aware of any contravention.

[charitynjw]

How doesn't it comply with POFA? What's missing? I have read POFA but couldn't work out what you meant.

9
(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

There are a fair few Haven Marinas around.

9
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

Also, as this is a marina, it may be governed via bye laws.
But it's usually very difficult to get confirmation of this

https://www.legislation.gov.uk/ukpga...dule/4/enacted

[ostell]

So compare what was on your first letter with paragraph 9 of POFA. I notice that the invitation, 9 (2) (e), is not there. Reading 9 (2) and then onwards it is "must state that ......" Find all of them, or at least the ones that are missing.

[Setmefree3]

Judging by the capture pics in your first letter (ANPR?) it was 19 mins between in and out.

There is no parking available to the general public and vehicles not displaying a permit will be issued a fixed penalty notice.

Visitors to our permanent berth holders can obtain a temporary car parking permit from the marina office this too must be clearly displayed whilst the vehicle is parked on site.

Find a space, obtain permit. Wouldn’t want to be disabled.

[charitynjw]

Judging by the capture pics in your first letter (ANPR?) it was 19 mins between in and out.

It would seem that the parking co are claiming an 'observation' period (ie the driver had left the car park, thus accepting the displayed T&Cs)

Imho, it's much easier to go with the technical defence of non compliant NtK.