Parking Charge Notice

[HB1978]

Hi, I am after some advice regarding a parking charge notice that was received in early February.

A car was parked on a private car park, the driver bought a ticket and placed it on the dashboard. The driver returned to a parking charge notice from Phoenix Parking Solutions affixed to the windscreen. It would appear that the pay and display ticket had blown off the dashboard when the driver closed the car door although they didn't realise.

So, after emailing the company with a copy of the pay and display ticket as evidence that the driver had in fact paid, they emailed back and said the 'appeal' was rejected and gave instructions on how to pay the charge. The driver ignored this.

Today, a letter was received - from TNC Parking Services (TNC Management Ltd) headed Notice To Keeper - for failure to pay a parking charge notice. The letter gives instructions on the appeal process, states that the keeper's details were obtained through DVLA using a reasonable cause request and basically saying that they will pursue additional costs through their recovery team if the account remains unpaid.

The driver has googled this company and it seems to show that they are a really aggressive debt collection firm. Has anyone else had any experience of dealing with these?

The driver took legal advice on this today and was told not to ignore it and to log an official appeal stating that they had absolutely complied with the parking terms, namely paying AND displaying and that for matters out of the drivers' control the ticket had moved.

[ostell]

Re: Parking Charge Notice

So keep the identity of the driver unknown. Post up that Notice to Keeper, with identifying details removed. They can hold the keeper liable if they do not know the identity of the driver by using POFA but they have to jump through many hoops to achieve this. One of these is compliance with POFA and in your case, as there was a windscreen ticket, the NTK has to comply fully with the requirements of paragraph 8. Fully comply and not just almost. One of those conditions is that the NTK must be received between day 28 and 56 after the event. Was it?

Edit your post so that the identity of the driver cannot be inferred, ie refer to "the driver". Did you give and address when the appeal to the windscreen ticket was submitted? The reason I am asking was were they actually forced to go to the DVLA or did they use information that they had. And there is no legal requirement to name the driver.

[HB1978]

Re: Parking Charge Notice

Hi
Thank you for your reply. I've uploaded the notice to keeper. Yes it was received within the timescale. The driver has inadvertently already said been disclosed as they didn't realise at the time they weren't meant to. They did not give their name or address in the original reply, they must have got it through DVLA.

[HB1978]

Re: Parking Charge Notice

Hi
Thank you for your reply. I've uploaded the notice to keeper. Yes it was received within the timescale. The driver has already inadvertently already been disclosed as they didn't realise at the time they weren't meant to. They did not give their name or address in the original reply, they must have got it through DVLA.

***edit***
Have just double checked. The date the driver received the parking charge was 3rd Feb, the notice to keeper was dated 12 April so some 68 days after the event.

[ostell]

Re: Parking Charge Notice

So they have not complied with the time requirements of POFA to hold the keeper liable. It needs to be with you within 56 days. Fail 1.
I cannot see a statement about who the creditor is. Fail 2
I cannot see period of Parking. Fail 3
I cannot see the POFA liability notice Fail 4.

So you write to phoenix, as requested, and state that they have failed, amongst multiple other things, to deliver the NTK in time. Therefore can be no keeper liability.

They may drop it there and then but if not they should give you a POPLA code where you have a much better chance of defeating them with the help from here.

Here's POFA. Look at paragraph 8

[HB1978]

Re: Parking Charge Notice

Thankyou once again.

Does it matter at this stage that the driver may have already been identified?

[ostell]

Re: Parking Charge Notice

It does matter but they may have forgotten all about it so keep going as the keeper unless they bring it up.

And rewrite your post so that the identity of the driver cannot be inferred

[mystery1]

Re: Parking Charge Notice

So if they rejected your appeal, did you get a popla code ?

M1

[HB1978]

Re: Parking Charge Notice

No, I've not received a POPLA code.

[mystery1]

Re: Parking Charge Notice

So, after emailing the company with a copy of the pay and display ticket as evidence that the driver had in fact paid, they emailed back and said the 'appeal' was rejected and gave instructions on how to pay the charge. The driver ignored this.

Dig out the email and reply asking for it.

M1

[HB1978]

Re: Parking Charge Notice

Thanks M1

Phoenix, who issued the PCN, have skipped the stage whereby I get the chance to appeal. They treated a photograph of the pay and display ticket that was sent to them as an appeal.

They have gone straight to referring this to debt collectors, TNC. Phoenix are IPC accredited so don't issues POPLA's. Only BPA members issue POPLA's apparently.

[mystery1]

Re: Parking Charge Notice

Ah, well in that case http://www.bmpa.eu/companydata/Phoen...Solutions.html they don't do court yet and are a small fish so who knows. A secondary appeal probably would lose.

I'd ignore and see if they try court at which time respond accordingly.

M1

[HB1978]

Re: Parking Charge Notice

Just wanted to say thanks to Mystery1 and Ostell for your help and advice. I wrote to Phoenix with the points raised above. I also wrote to the IPC to register a complaint against Phoenix for failing to follow the correct procedure, i.e. not giving the correct information in order to appeal, failing to provide a popla code plus a number of other points. They contacted Phoenix and emailed back to say my ticket has been cancelled. Great result. Thanks again for your help.

[zebrarose]

Re: Parking Charge Notice

Just wanted to say thanks to Mystery1 and Ostell for your help and advice. I wrote to Phoenix with the points raised above. I also wrote to the IPC to register a complaint against Phoenix for failing to follow the correct procedure, i.e. not giving the correct information in order to appeal, failing to provide a popla code plus a number of other points. They contacted Phoenix and emailed back to say my ticket has been cancelled. Great result. Thanks again for your help.

Hi HB1978,

Have you a copy/template for me to use to send to the IPC to complain about Pheonix? My friend got a windscreen ticket but did not receive a NTK and only receive a debt recovery letter.

Many thanks in advance