RCP Parking PCN - Refused appeal

[Star1179]

Re: RCP Parking PCN - Refused appeal

In general, not just related to the signs

[ostell]

Re: RCP Parking PCN - Refused appeal

Go through your posts and edit out the statements that could identify the driver. "The driver did...." etc. They are making rubbish statements that are saying that they are not part of POFA. Nobody is part of POFA, it is an act of parliament. They seem to be saying that they are not using POFA but can still take action for up to 3 years (where did they get that one from?) They can take action for up to 6 years but if they have not used POFA, and they have stated that, then the only person they can claim from is the driver of the vehicle, a person who they do not know.

I think a letter back to them, as the keeper, telling them that as the have confirmed in their letters that they are not using POFA then they cannot claim the charges that the driver should have paid from the keeper. You therefore, as you have no liability, do not expect to hear from them again except to confirm that that no fruther action will be taken and your details will be removed from their records to save further distress and harassment. This request is to be taken as a request under section 10 (1) of the Data Protection Act, which also mandates a response within 21 days. Failure to comply may result in a claim for a breach of the DPA and compensation in the order of some £300.

[Star1179]

Re: RCP Parking PCN - Refused appeal

Already done that, they weren't interested

[charitynjw]

Re: RCP Parking PCN - Refused appeal

In general, & from what I've read, parking co's are currently tending to turn down appeals out of hand.

This may be because, allegedly, the appeals bodies are tending to turn down motorists appeals more than they used to.
http://www.bathchronicle.co.uk/news/...parking-564188
If so, the odds are in the parking co's favour.

[charitynjw]

Re: RCP Parking PCN - Refused appeal

Imho, there's not too much you can do atm.

They are saying that they did not receive an appeal in time; you can't prove that you sent one in time.
Their next move (if any) would (or should) be to issue letter before claim which must comply with the new debt pre-action protocol.
As [MENTION=39331]ostell[/MENTION] has stated, if they are not using PoFA, the onus is on them to ID the driver.
What with that & the dodgy site signs I reckon they would have an uphill struggle.
But who knows what may happen?.......all you can do is 'watch this space'....& post back here if anything happens.

Keep all the pictures, paperwork & any other evidence safe & sound....they have 6 years or so to make a county court claim.

[ostell]

Re: RCP Parking PCN - Refused appeal

Already done that, they weren't interested

Done what? Told them that the have no case as they have confirmed they are not using POFA? Or told them that you want your data removed because of no keeper liability? Or told them you may claim for breach of DPA?

As Charity says it's a matter of sit back and wait and see what happens.

[Star1179]

Re: RCP Parking PCN - Refused appeal

This is what I told them on 4th Oct, day after receiving NtK from 3rd party, never received NtK from RCP Parking.

"Dear Sirs,

RE: PCN Number: ********* Date of issue: 10/07/2017 Location ***********************


I am writing with regards to 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,"

This was their response:

"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"

[ostell]

Re: RCP Parking PCN - Refused appeal

OK, just sit it out. As long as there has been no indications whatsoever about the identity of the driver then there should not be a problem and you can issue a counterclaim if they decide to go the court route. Every thing seems to have been done to set them up.

[Kati]

Re: RCP Parking PCN - Refused appeal

As RCP are BPA members ... wouldn't that mean they have to comply with POFA [MENTION=5553]charitynjw[/MENTION]??

[ostell]

Re: RCP Parking PCN - Refused appeal

They don't have to comply with POFA but if they don't then there can be no keeper liability, only the driver can be held liable for the charge.

[charitynjw]

Re: RCP Parking PCN - Refused appeal

As RCP are BPA members ... wouldn't that mean they have to comply with POFA @charitynjw??

Not necessarily, Kati.

If they circumvent PoFA they can't use transfer of liability to the registered keeper, but they can go after the driver if known.
Some of them are still trying to cite Elliott v Loake to raise a presumption of 'registered keeper=driver', but that argument is pretty much a lame duck nowadays....it's been thrown out of court so many times now.