Parking Charge Notice - Bank Parking

[Tsbansal]

Hello

Could I get some advice on the attached parking charge notice please.

I did appeal this via Bank Parking online appeal process but they have rejected this via email on what seems to be an unofficial looking letter.

Unfortunately, we live in Surrey and the location of this car park is in Birmingham and we wouldn't be able to get photographic evidence of the signs any time soon.

Could you help on the next processes please.

Kind regards
T

[ostell]

Was there another page to that Notice to Keeper? If not then they have not complied with the requirements of Schedule 4 of The Protection of Freedoms Act 2012 to hold the keeper liable. Paragraph 9 is the relevant section. Note the "must" in 9 (2)

Has the driver been identified? simple Yes or NO please.

You can possibly see what the signs were by using Google Street View. maps.google.co.uk and go to the location. Pick up the little man at the bottom right hand corner and drag him to the car park.

[Tsbansal]

Hi Ostell

No the driver has not been identified.

I've attached the reverse of the Notice to Keeper and an image of the sign seen from Google Maps.

I hope that helps.

[ostell]

OK there can be no keeper liability as that NTK is nowhere compliant with POFA.

Did you keep a copy of the appeal to them? Would be nice to see it.

Sirs,

I am the keeper of vehicle xxxx and responding to your Notice to Keeper xxx and your letter of the xxxx.

I agree wholeheartedly with your statement that the driver is responsible for any alleged charge, however your Notice to keeper fails to comply with the requirements of schedule 4 of The Protection of Freedom Act 2012, especially, but not limited to section 9 (2). Most of the statements that MUST be there are repeated incorrectly or are missing and therefore you cannot hold me, the keeper, liable for the action of the driver at the time. Because of this failure to comply any further action against me, the keeper, would be vexatious to say the least. I do not expect to hear from you again on this matter expect with confirmation that there will be no further action against me and my details have been removed from your files.

There is no legal obligation for me to identify the driver and I will not be doing so.

Yours.

See how that goes down, probably not very well.

[Tsbansal]

Unfortunately, I don't have an exact copy of what was sent to them online but it used the template attached.

After seeing this, should I still respond with the appeal you posted?

[ostell]

That's OK, send what I suggested. If by post then first class and free proof of postibng from a post office

[Tsbansal]

Just an update on this case. I am yet to receive a letter of a cancelled parking ticket or a follow up to the letter I sent.

Do I just wait or assume they have cancelled this parking charge?

[ostell]

Just wait a while longer

[Tsbansal]

Hi, look what's come through the post.

Sorry for the poor quality but what would the next steps be as they have transferred it to another company

T

[Tsbansal]

Any help with this one would be much appreciated

T

[Tsbansal]

I've been googling the above issue and noticed people are choosing to ignore unless a county court letter comes through.

I'll continue doing the same unless otherwise advised and update the post if anything develops

[ostell]

They haven't responded to your letter so just ignore the debt collectors. The matter should not have been passed to debt collectors before a response to your appeal.

As long as the driver has not been identified then they cannot claim from the keeper,

[Tsbansal]

It looks like the debt has now been passed to QDR Solicitors.

It mentions 'may mean they will look to obtain a CCJ', do I follow this up with a correspondence?

I've read that some choose to still ignore but would like to double check to ease my anxiety on this.

T

[ostell]

QDR solicitors, formerly QUANTUM DEBT RECOVERY LIMITED subsidiary of Wright Hassall and is another debt collector. Directors for the most part seem to be the directors of Wright Hassall.

So ignore as a debt collector or tell then that the debt is denied, as per your letter of xx May. refer to your prinicipal.