'PCN' from London Parking Solutions

[Minxi]

Hi all

Background: I live in a big block of flats. It's leasehold for owners. It has a private car park. Those of us who paid for a parking space when we bought our flats have been suffering abuse for 10 years in that unregistered people were using our spaces as they liked, we had to park in a free-for-all situation. Therefore we had no enjoyment of what we had paid for. Eventually, after many of us had complained and asked for money to be refunded, the landlord's agent employed, certainly without prior agreement from me, LPS to 'police' the situation. That was just a few weeks ago.

Problem: very recently I was issued with a 'PCN' (parking charge notice) by LPS for 'no valid permit on display' which asks for £100 reduced to £60 if I pay within 14 days. I have not acknowledged receipt of the ticket or contacted LPS. I do have a permit, which was issued by the landlord's agent, and which I habitually display.

What I think I know: this is a speculative invoice for loss allegedly suffered by the landlord. However, since I own the space I park in, I can't see how any loss has been suffered. Should I therefore pay myself £100 and cut out the middle man? Also, I have never signed anything that says I agree with LPS working here. Plus, it may be that they trespassed on my property when they entered my parking space. I do not intend to pay. I have read all about the legal letters scam which may ensue at some point.

Can someone with the relevant experience please advise me further? I would be very grateful.

Thanks
Minxi.

[mystery1]

Re: 'PCN' from London Parking Solutions

Dear Sirs,


I, as registered keeper, wish to invoke your appeals procedure. The driver has a valid permit but in any event is the landholder and does not need one. In any event your charges are penal in nature and not a genuine pre estimate of loss.


I am under no statutory obligation to name the driver and will not do so.


Please ask your employees not to trespass on my land again. Further attempts at harassment may result in a claim against you. See Ferguson v British gas, Roberts v Bank of Scotland & Johnson v Bank of Scotland.

I only wish 1 further communication from you and that is that you uphold my appeal and apologise for threatening me for parking on my own land.


Yours etc


M1

[Minxi]

Re: 'PCN' from London Parking Solutions

Thanks M1, this is great.

I intend to send this info by email. In your opinion, is this adequate? I can send a letter instead if you think it's better.

Thanks
Minxi

[Kati]

Re: 'PCN' from London Parking Solutions

email's free (as [MENTION=5354]mystery1[/MENTION] always says )

[mystery1]

Re: 'PCN' from London Parking Solutions

I prefer email because i'm cheap and unless you get a bounce reply then they can't deny getting it.

M1

[Minxi]

Re: 'PCN' from London Parking Solutions

Thank you also, Kati. You and M1 are right of course.

I sent the email from an address that does not include my name, and I did not sign my name, merely stating at the end, 'yours etc'. I hope this is sufficient. I included the 'PCN' ticket number in the subject line, and the email address itself is valid and open, so as to facilitate any communication. Since they have my reg number, I should imagine they can find out who I am without too much fuss in any case, and they very likely already know.

If I need to correct anything, please say and I will sort it out.

KR
Minxi

[Minxi]

Re: 'PCN' from London Parking Solutions

Hi all

I have received a response from LPS as follows. Could you please advise me what to do next?

Kindest regards
Minxi:

Dear Sir/Madam,


The PCN has been issued to the driver and we require the driver to be named. In the event that the driver is not named, as the Appellant (allegedly the keeper) has not provided us with a name and address, the appeal will be removed from the account, and we will request keeper details from the Driver and Vehicle Licensing Agency ("DVLA") under Regulation 27 (1)(e) of the Road Vehicles Registration and Licensing Act Regulations.


Kindest Regards,
Michelle

[mystery1]

Re: 'PCN' from London Parking Solutions

I should have notice it was a windscreen ticket and not an anpr ticket through the post d'oh. Await the notice to keeper which should arrive between 28 and 56 days from the date of the windscreen ticket. Then send the appeal again.

M1

[Minxi]

Re: 'PCN' from London Parking Solutions

I should have notice it was a windscreen ticket and not an anpr ticket through the post d'oh. Await the notice to keeper which should arrive between 28 and 56 days from the date of the windscreen ticket. Then send the appeal again.

M1

Okay.

[Minxi]

Re: 'PCN' from London Parking Solutions

Sorry, just to be clear, when the Notice to Keeper comes via post, do I send the exact same form of words as sent last time?

Thanks in advance,
Minxi.

[mystery1]

Re: 'PCN' from London Parking Solutions

Yes. Via email should suffice.

M1

[Minxi]

Re: 'PCN' from London Parking Solutions

Many thanks.

[Minxi]

Re: 'PCN' from London Parking Solutions

Hi Mystery1

I have now received a letter in the post from LPS which states the PCN number, veh reg, location, time of 'parking event', admin charge (£18), total amount due (£118), and reason for issue (no valid permit on display). I'm afraid it is rather long-winded, but this is what it says, verbatim, inc. their caps and punctuation:

A Notice to Driver, in the form of a Parking Charge Notice ("PCN") was attached to the above mentioned vehicle and the driver should have paid. This charge relates to the period of parking that immediately preceded the issue of the Notice to Driver. To date, we have not yet received payment, or any valid appeal or dispute and therefore it is now too late to pay the discounted amount. Furthermore, Administration Charges have been added in accordance with the Terms and Conditions of parking and are specified above and included in the Total Amount Due.

As the PCN remains unpaid, your data has been requested and released by the Driver and Vehicle Licensing Agency (under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002) and their records indicate that you were the registered keeper of the vehicle at the relevant date and time.

The Terms and Conditions, to which the driver of the vehicle agreed to be bound, were clearly displayed in prominent places throughout the location. You are now invited to either pay the Total Amount Due as shown above or if you were not the driver at the time of the event, to notify us of the name of the driver and a current address for service AND to pass this notice on to the driver for payment.

Please note that this is a Parking Charge Notice and not a 'penalty' or 'fine'. This notice will be deemed to have been served on the second working day after the day of posting unless the contrary is proved.

IMPORTANT NOTICE TO REGISTERED KEEPER

London Parking Solutions Ltd manages a number of private parking sites either as owner, occupier or managing agent and has a right to request keeper information from the DVLA. At the time of issuing this notice, we are not aware of the name and current address of the driver at the time of the parking event. If you are unable to provide the driver's name and valid address and the amount remains outstanding after 28 days, the Creditor has the right to recover unpaid parking charges from the registered keeper as described under schedule 4 of the Protection of Freedoms Act 2012. In the event of non-payment we reserve the right to pass this matter to our appointed Debt Collection Agency and the costs of recovering this PCN will be added to the amount outstanding and advised to you at that time. Additional costs may be incurred if this matter later progresses to court.

It then offers info on how to appeal (via the website or via email, appeals@paymypcn.net, or in writing.), and how to provide driver details. Bearing in mind that I have communicated with them once previously as you advised, could you please say how I should now proceed?

Your advice is very much appreciated, as ever.

KR
Minxy.

[mystery1]

Re: 'PCN' from London Parking Solutions

Dear Sirs,




I, as registered keeper, wish to invoke your appeals procedure. The landholder does not need your permission or permit to park or permit parking on land to which they hold entitlement to . In any event your charges are penal in nature and not a genuine pre estimate of loss.




I am under no statutory obligation to name the driver and will not do so.




Please ask your employees not to trespass on my land again. Further attempts at harassment may result in a claim against you. See Ferguson v British gas, Roberts v Bank of Scotland & Johnson v Bank of Scotland.


I only wish 1 further communication from you and that is that you uphold my appeal and apologise for threatening me for parking on my own land.




Yours etc




M1

[Minxi]

Re: 'PCN' from London Parking Solutions

Many thanks. I will send this today (it's the same as the one sent previously I note).

Kindest regards
Minxi.