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Hi,
I am trying to resolve a PCN ************ received from RCP Parking in July 2017. However, they are not even willing to entertain the appeal.
Background:
The letter, see attachment, advises that I can appeal to RCP Parking within the following 28 days in writing. This I did on 4th Oct 2017 via RCP Parking's online web form.
Online web form contents:
"Dear Sirs,
RE: PCN Number: 49493 Date of issue: 10/07/2017 Location: Corporation Bridge Street, Sheffield
I am writing with regards the above matter, as I received a letter from TNC Parking Services, stating that I had an outstanding parking charge (I deliberately use the word charge, as private firms have no legal authority to issue a Penalty Charge Notice, known more commonly as a parking fine).
1. As the registered keeper, I am writing to advise you that I do not accept liability of this speculative invoice and legally cannot be held responsible for it because I did not receive a conforming Notice To Keeper within the required time. TNC and RCP Parking Limited have therefore failed to issue a properly formatted Notice to Keeper within 56 days and therefore the keeper, I, can NOT be held liable for the charge and they have no court case against me.
2. As TNC and RCP Parking Limited and have failed to comply with the requirements of POFA to hold me liable for the charge, namely, but not limited to, issuing the Notice to Keeper in excess of the 56 days required and MUST therefore stop writing to me. RCP Parking Limited and TNC must now also remove my details from it’s records and inform me within 21 days that it has been done in accordance to section 10 of the DPA. Please stand notified that continuing to pursue me with this matter is causing distress, ill health and harassment.
I request that you do either of the following options:
1. Accept my appeal and remove my details and provide confirmation of that and refrain from sending me further correspondence regarding this matter
or
2. Provide me with a POPLA 10 digit verification code for me to progress this appeal with POPLA.
Please be aware that if a court claim is raised, then I reserve the right to issue a counterclaim for the misuse of my data under the DPA and they should be aware that the minimum sum awarded to me for this would be at least £250.
I look forward to hearing from you.
Yours sincerely,
********************(Miss)
Date sent: 4th October 2017
The response I received is as follows:
"Dear Mrs **********,
With regards to this Parking Charge Notice, the time for appeal has run out, you had 28 days to appeal this Parking Charge Notice. We aren’t able to give you a POPLA code because the appeal time is up.
Also, we are not part of POFA, we do have to keep to the 56 days rule, as we can contact people for up to 3 years.
“The Protection of Freedoms Act 2012 (POFA) is a piece of legislation introduced to provide Keeper Liability. This means if the Operator does not know the name and address of the driver they can hold the keeper liable under this legislation. To do this, they will need to meet the requirements contained within POFA. It is not mandatory that an operator uses POFA when issuing a parking charge notice. There is no legal requirement to do so as advised by the parking operator. It is at the discretion of the individual parking company as to whether they choose to utilise use POFA (2012). If no mention of POFA (2012) is made on the parking charge notice the strict timescales as advised in Schedule 4 are not therefore applicable”
Many thanks,
BCB"
Clearly the Notice to Keeper letter was deemed sent 2nd Oct 2017, which is 26 days after the required 56 days from the date of the issuing of the PCN (windscreen Notice to Driver).
I further followed up the response with an email, see attached file and my original appeal letter, posted 11th July 2017.
This was their reply to the email dated 18th Oct 2017:
"Dear Mrs ************,
PARKING CHARGE NOTICE: 49493
CAR PARK/DATE/TIME: CORPORATION BRIDGE STREET, 10.07.2017, 12:52
CAR DETAILS:
UNAUTHORISED PARKING EVENT: PARKED WITHOUT DISPLAYING A VALID TICKET OR PERMIT
Many thanks,
RCP Parking Ltd
BCB"
In my view they have clearly not read my letter fully nor the original appeal letter offering mitigating circumstances. I work for HM Government, so hence one of the mitigating circumstances.
I have since reviewed the BPA Code of Conduct and it appears RCP Parking have not complied with multiple clauses within the Code.
How do you think I should pursue this case/appeal from this point?
Thanks,
Star
I am trying to resolve a PCN ************ received from RCP Parking in July 2017. However, they are not even willing to entertain the appeal.
Background:
- Ticket issue date: 10th July 2017
- Appeal sent by post: 11th July 2017 (stupidly not by recorded delivery)
- 1st correspondence about unpaid PCN made by TNC Parking Services (debt collection company) on letter dated 29th Sept 2017 (envelope franked and posted 2nd Oct 2017). Received letter 3rd Oct 2017.
The letter, see attachment, advises that I can appeal to RCP Parking within the following 28 days in writing. This I did on 4th Oct 2017 via RCP Parking's online web form.
Online web form contents:
"Dear Sirs,
RE: PCN Number: 49493 Date of issue: 10/07/2017 Location: Corporation Bridge Street, Sheffield
I am writing with regards the above matter, as I received a letter from TNC Parking Services, stating that I had an outstanding parking charge (I deliberately use the word charge, as private firms have no legal authority to issue a Penalty Charge Notice, known more commonly as a parking fine).
1. As the registered keeper, I am writing to advise you that I do not accept liability of this speculative invoice and legally cannot be held responsible for it because I did not receive a conforming Notice To Keeper within the required time. TNC and RCP Parking Limited have therefore failed to issue a properly formatted Notice to Keeper within 56 days and therefore the keeper, I, can NOT be held liable for the charge and they have no court case against me.
2. As TNC and RCP Parking Limited and have failed to comply with the requirements of POFA to hold me liable for the charge, namely, but not limited to, issuing the Notice to Keeper in excess of the 56 days required and MUST therefore stop writing to me. RCP Parking Limited and TNC must now also remove my details from it’s records and inform me within 21 days that it has been done in accordance to section 10 of the DPA. Please stand notified that continuing to pursue me with this matter is causing distress, ill health and harassment.
I request that you do either of the following options:
1. Accept my appeal and remove my details and provide confirmation of that and refrain from sending me further correspondence regarding this matter
or
2. Provide me with a POPLA 10 digit verification code for me to progress this appeal with POPLA.
Please be aware that if a court claim is raised, then I reserve the right to issue a counterclaim for the misuse of my data under the DPA and they should be aware that the minimum sum awarded to me for this would be at least £250.
I look forward to hearing from you.
Yours sincerely,
********************(Miss)
Date sent: 4th October 2017
The response I received is as follows:
"Dear Mrs **********,
With regards to this Parking Charge Notice, the time for appeal has run out, you had 28 days to appeal this Parking Charge Notice. We aren’t able to give you a POPLA code because the appeal time is up.
Also, we are not part of POFA, we do have to keep to the 56 days rule, as we can contact people for up to 3 years.
“The Protection of Freedoms Act 2012 (POFA) is a piece of legislation introduced to provide Keeper Liability. This means if the Operator does not know the name and address of the driver they can hold the keeper liable under this legislation. To do this, they will need to meet the requirements contained within POFA. It is not mandatory that an operator uses POFA when issuing a parking charge notice. There is no legal requirement to do so as advised by the parking operator. It is at the discretion of the individual parking company as to whether they choose to utilise use POFA (2012). If no mention of POFA (2012) is made on the parking charge notice the strict timescales as advised in Schedule 4 are not therefore applicable”
Many thanks,
BCB"
Clearly the Notice to Keeper letter was deemed sent 2nd Oct 2017, which is 26 days after the required 56 days from the date of the issuing of the PCN (windscreen Notice to Driver).
I further followed up the response with an email, see attached file and my original appeal letter, posted 11th July 2017.
This was their reply to the email dated 18th Oct 2017:
"Dear Mrs ************,
PARKING CHARGE NOTICE: 49493
CAR PARK/DATE/TIME: CORPORATION BRIDGE STREET, 10.07.2017, 12:52
CAR DETAILS:
UNAUTHORISED PARKING EVENT: PARKED WITHOUT DISPLAYING A VALID TICKET OR PERMIT
- Further to your letter received on 19.10.2017 regarding the above detailed parking charge notice.
- After carefully reading through your letter, I can confirm that we haven’t received any previous communication from your behalf, other than the email dated the 4th October 2017.
- RCP Parking are not part of the Protection of Freedoms Act 2012, as this is not stated on our Parking Charge Notices. If we were part of the act we would have to state it on them.
- The Parking Charge Notice was issued at 12:52 and you purchased your ticket 15:51, which shows that it was over the 15 Minute grace period that we allow people to purchase a ticket.
- There was a terms and conditions board was where the other signage was for the Mobile Pay and Online payments, which is why we allow a 15 Minute grace period, so people can read the terms and conditions and to purchase the ticket, when people are parking in the car park, they are agreeing to the terms and conditions. As long as we provide at least 1 terms and conditions sign within the car park, we are following the guild lines within the BPA’s Code of Conduct.
- If you make an online payment or phone payment, the attendants will be notified of the payment.
- We do not have to provide a POPLA code after 28 days of the Parking Charge Notice.
Many thanks,
RCP Parking Ltd
BCB"
In my view they have clearly not read my letter fully nor the original appeal letter offering mitigating circumstances. I work for HM Government, so hence one of the mitigating circumstances.
I have since reviewed the BPA Code of Conduct and it appears RCP Parking have not complied with multiple clauses within the Code.
How do you think I should pursue this case/appeal from this point?
Thanks,
Star
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